CHAPTER 42:05
REGISTRATION OF BUSINESS NAMES

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Registrar and register

 

   4.   Firms, individuals and bodies corporate to be registered

 

   5.   Registration by nominee, etc.

 

   6.   Manner and particulars of registration

 

   7.   Statement to be signed by persons registering

 

   8.   Time for registration

 

   9.   Registration of changes

 

   10.   Penalty for default in registration

 

   11.   Disability of persons in default

 

   12.   Penalty for false statement

 

   13.   Particulars to be furnished to Registrar

 

   14.   Certificate of registration

 

   15.   Cancellation of entries in register

 

   16.   Extension of time

 

   17.   Restriction on registration of certain business names

 

   18.   Prohibition notwithstanding registration

 

   19.   Inspection of documents and provision of copies

 

   20.   Certified copies to be evidence

 

   21.   Regulations

 

   22.   Publication of true names, etc.

 

   23.   Provisions with respect to offences

 

   24.   Penalties for offences

 

 

Act 14, 1975,
S.I. 119, 1976,
Act 7, 1977,
Act 25, 2008.

An Act to make provision for the registration of firms, individuals and bodies corporate carrying on business under a business name, and for matters incidental thereto and connected therewith.

[Date of Commencement: 1st December, 1976]

 

1.   Short title

   This Act may be cited as the Registration of Business Names Act.

 

2.   Interpretation

   (1) In this Act, except where the context otherwise requires-

   "body corporate" includes an external company as defined in the Companies Act, but does not include a corporation sole;

   "business" includes business of trade, occupation or profession established for the acquisition of gain and carried on by any person, body corporate, association, syndicate, or partnership, or by the individual members of any body corporate, association, syndicate, or partnership;

   "business name" means the name, title, description or style under which any business is carried on, whether in partnership or otherwise;

   "firm" means an unincorporated body of two or more individuals, or of one or more individuals and one or more bodies corporate, or of two or more bodies corporate, who or which have entered into partnership with one another with a view to carrying on business for profit;

   "foreign concern" means any firm, individual or body corporate, whose principal place of business is not situated within Botswana;

   "individual" means a natural person and does not include a body corporate;

   "initials" includes any recognized abbreviation of a forename;

   "minor" means a person who has not yet attained the age of 21 years;

   "register" means the register which the Registrar is required to keep under section 3;

   "Registrar" means the Registrar of Business Names appointed under section 3.

   (2) References in this Act to a change of name do not include a change of name which has taken place before the person whose name has been changed attained the age of 18 years.

 

3.   Registrar and register

   (1) There shall be a Registrar of Business Names appointed by the Minister.

   (2) The Registrar shall keep a register in the prescribed form in which shall be entered such particulars as are required by this Act to be entered therein.

 

4.   Firms, individuals and bodies corporate to be registered

   Subject to the provisions of this Act-

 

   (a)   every firm having a place of business in Botswana and carrying on business under a business name which does not consist of the surnames of all individuals who are partners and the corporate names of all bodies corporate which are partners, without any addition other than the forenames of individual partners or the initials of such forenames;

 

   (b)   every individual having a place of business in Botswana and carrying on business under a business name which does not consist of his surname without any addition other than his forenames or the initials thereof;

 

   (c)   every individual or firm having a place of business in Botswana who, or a member of which, has either before or after the commencement of this Act changed his name, other than, in the case of a woman, in consequence of marriage; and

 

   (d)   every body corporate having a place of business in Botswana and carrying on business under a business name which does not consist of its corporate name without any addition,

shall be registered in the manner required by this Act:

   Provided that-

 

   (i)   where two or more individual partners have the same surnames, the addition of an "s" at the end of that surname shall not of itself render registration necessary;

 

   (ii)   where the business is carried on by a trustee in bankruptcy or manager appointed by any court, registration shall not be necessary;

 

   (iii)   a purchase or acquisition of property by two or more persons as joint owners shall not of itself be deemed to be a carrying on of a business, whether or not the owners share any profits arising from the sale thereof.

 

5.   Registration by nominee, etc.

   Where a firm, individual or body corporate having a place of business within Botswana carries on business wholly or mainly as the nominee or trustee of or for another person or other persons, or another body corporate, or acts as general agent for any foreign concern, the first-mentioned firm, individual or body corporate shall be registered in the manner provided by this Act:

   Provided that where the business is carried on by a trustee in bankruptcy or manager appointed by any court, registration under this section shall not be necessary.

 

6.   Manner and particulars of registration

   (1) Every firm, individual or body corporate required under this Act to be registered shall send by registered post or deliver to the Registrar a statement in writing in the prescribed form (hereinafter called "the statement of particulars") which shall contain the following particulars-

 

   (a)   the business name;

 

   (b)   the general nature of the business;

 

   (c)   the full address

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