THE REGISTRATION OF BUSINESS NAMES ACT
RULES
(under section 19)
Sections
2 PROCEDURE UNDER SECTION 16 OF THE ACT
THE REGISTRATION OF BUSINESS NAMES ACT
RULES (under section 19)
(Made by the Governor on the 1st day of October, 1934)
1. These Rules may be cited as the Registration of Business Names Rules, 1934
A. In these Rules "Registrar" means the Registrar of Companies as provided in section 17 of the Act.
2. Whenever any change is made or occurs in the proprietorship of any firm the statement of particulars required to be furnished under section 8 of the Act shall be accompanied by the photographs of every new partner or partners. Such photographs shall be of the number and be each duly signed as required under paragraphs (b) and (c) of subsection (3) of section 5 of the Act.
PROCEDURE UNDER SECTION 16 OF THE ACT
3. Where the Registrar, pursuant to subsection (1) of section 16 of the Act decides to refuse to register any business name or. as the case may be, to remove any business name from the register, he shall send by post to the firm or individual applying for registration or, as the case may be, registered in respect of such business name, a notice in writing of such decision and such notice shall contain a statement that any person aggrieved by such decision may appeal to the Minister within twenty-one days of such notice.
4. If within twenty-one days from the date of the notice of a decision of the Registrar under subsection (I) of section 16 of the Act to remove a business name from the register, no notice of appeal from such decision is received by the Registrar, or if on appeal such decision of the Registrar is upheld, the Registrar shall remove such business name from the register in accordance with his decision.
5 Any person intending to appeal to the Minister from any decision of the Registrar under subsection (1) of section 16 of the Act shall, within twenty-one days of the date of the notice of such decision, send by post or deliver to the Registrar from whose decision he intends to appeal a notice of appeal in Form B.N.7. Such notice shall be accompanied by a statement of the grounds of appeal and of the appellant's case in support thereof.
6. A copy of the notice of appeal, together with a copy of the statement of the grounds of appeal and of the case in support thereof, and a copy of the notice of the Registrar shall at the same time be delivered by the appellant to the Permanent Secretary to the Minister.
7. Upon receipt of such documents, the Minister shall, if the appellant states in his notice of appeal that he desires to be heard by him, fix a time and date for such hearing at which the appellant and the Registrar may attend and be heard. If the appellant does not attend or is not represented on and during the hearing he may be treated as not desiring to be heard and the Minister may proceed to adjudicate on the matter. The hearing may be postponed or adjourned by the Minister
8. The decision of the Minister shall be communicated to the appellant in writing.
9. The time prescribed in these Rules for doing any act thereunder by or to the Registrar, or by or to the Minister may be enlarged by the Minister upon such terms as he may direct, and such enlargement may be granted though the time has expired for doing such act.
10. The fees to be paid to the Registrar under the Act are as follows-
(a) On a statement of particulars required by section 5 of the Act the sum of-
(i) two thousand five hundred dollars for a corporation; and
(ii)two thousand dollars for sole trader and partnerships, and such fee shall cover the issue of one certificate of registration. In the case of a trader the sum of one thousand dollars for each additional certificate in respect of each place of business other than the principal place of business.
(b) On any statement of particulars required by the Schedule to the Act when such particulars are not furnished with the statement of particulars required by section 5 of 'the Act the sum of one thousand dollars and such fee shall cover the issue of one certificate of registration
(c) On a statement of any change within the meaning of section 8 of the Act the sum of two thousand dollars and such fee shall cover the issue of one certificate of the registration of such statement, and in the case of a trader the sum of five hundred dollars for each certificate in respect of each additional or substituted place of business or branch set out in such statement.
(d) By any person inspecting under the provisions of section 18 of the Act the documents filed by the Registrar the fee of five hundred dollars and an additional payment of one hundred dollars for the first thirty minutes and fifty dollars for each additional thirty minute period or part thereof.
(e) On the application of any person requiring under the provisions of section 18 of the Act a certificate of registration of any firm, individual or corporation or a certified copy of or extract from any registered statement the sum of two hundred dollars for a certificate of registration and for each certified copy or extract the sum of one thousand dollars and one hundred dollars per page. In cases where copies of photographs are required to be attached to certificates, certified copies or extracts and there are no spare copies in the Register Office the applicant shall in addition to the fee prescribed for the certificate, certified copy or extract, be required to provide at his own expense the required copy or copies of any photograph.
(f) By any person appearing to the Minister from a decision of the Registrar the sum of three thousand dollars.
(g) For supplying information via a facsimile (per page)
USA,Canada,Caribbean .... $500.00
Jamaica ... ... ...... $100.00
Other countries ... ...... $600.00
(h) For services to Government Agencies/Public Bodies-
computer generated report ...... $5,000.00
database on diskettes ...... $3,000.00
database in print ......... $10,000.00
service of summons ... ...... $2,000.00
Attendance at court by non-legal staff (one day or part thereof)-
Supreme Court ......... $5,000.00
Resident Magistrate ... ...... $3,500.00
Attendance at court by legal officers (one day or part thereof-
Senior Counsel ......... $52,000.00
Junior Counsel ......... $12,000.00
(i) Any other documents required by the Act to be registered and delivered to the
Registrar ... ... $600.00
(j) Late renewal fee ......... $1,000.00
(k) Expedition fee for registration of business names ...... $1,500.00
11. The forms numbered B.N. 1 to B.N. 9 inclusive in the Appendix and Appendix such variations as the circumstances of each case require shall be the forms to be used under the Act
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