REGISTRATION OF BUSINESS NAMES*: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Registration of Business Names Regulations
REGISTRATION OF BUSINESS NAMES REGULATIONS
(section 27)
(3rd June, 2019)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Application for reservation of name
3. Statement of particulars
4. Certificate of registration
5. Notice of change of particulars
6. Cancellation of business name
7. Restoration of business name
8. Renewal of business name
9. Application for extension of time
10. Inspection of documents and provision of copies
SCHEDULES
S.I. 67, 2019.
These Regulations may be cited as the Registration of Business Names Regulations.
2. Application for reservation of name
(1) An applicant shall, in accordance with section 4 of the Act, apply for reservation of a business name in Form A set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
(1) A firm, individual or body corporate intending to register under the Act shall, in accordance with section 7 of the Act, deliver to the Registrar a notice in Form B set out in Schedule 1.
(2) An application made in accordance with section 7(3) of the Act, shall be accompanied by a fee set out in Schedule 2.
4. Certificate of registration
The Registrar, in accordance with section 7(3) of the Act shall, after entering a business name in the register, issue a certificate of registration in Form C set out in Schedule 1.
5. Notice of change of particulars
(1) A firm, individual or body corporate shall deliver a notice of any changes in the particulars specified in section 11 of the Act to the Registrar in Form D set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
6. Cancellation of business name
(1) A firm, individual or body corporate shall, in accordance with section 16 of the Act, deliver a notice of cancellation to carry on business name in Form E set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
7. Restoration of business name
(1) A firm, individual or body corporate whose name has been cancelled from the register shall make an application to the Registrar in terms of section 17 of the Act for restoration of its business name in Form F set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
(1) A firm, individual or body corporate shall make an application to the Registrar in terms of section 18 of the Act in Form G set out in Schedule 1, for the renewal of a business name.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
9. Application for extension of time
(1) An applicant shall, in accordance with section 19 of the Act, apply to the Registrar for an extension of time in Form H set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by a fee set out in Schedule 2.
10. Inspection of documents and provision of copies
Any person may, in accordance with section 20 of the Act, and after payment of a fee set out in Schedule 2—
(a) inspect the register or any document filed with the Registrar; or
(b) be provided with a certified copy of a certificate, or an extract from any document filed with the Registrar.
SCHEDULE 1
FORM A
APPLICATION FOR RESERVATION OF A BUSINESS NAME
(reg. 2)
Proposed business name …………………………………………........................................... |
ACCOMPANYING DOCUMENTS |
The following documents may accompany this form: |
a. consent from another company business name or relevant authorities (e.g. Bank of Botswana etc.) to the use of the name; and |
b. any supporting information to assist the Registrar. |
IMPORTANT INFORMATION |
The Registrar of Business Names must not reserve a name- |
• the use of which would contravene the Banking Act or any other enactment; or |
• that is identical or almost identical to the name of another local or external company or business name unless consent has been obtained to use the name; or |
• that is identical or almost identical to a local or external company name or business name that has already been reserved and that is still available for registration unless consent has been obtained to use the name; or |
• that in the opinion of the Registrar is calculated to mislead the public or cause offence. |
The Registrar will advise the presenter by notice as to whether or not the Registrar has reserved the name. If the name has been reserved, then, unless the reservation is revoked by the Registrar the name is available for registration of a business name with that name or on a change of name for 30 working days after that date stated in the notice. |
A name reservation does not provide any proprietary rights or interests in the name. |
Note: The Registration of Business Names Act prevents the world "Botswana" from being used at the start of a business name except with the Minister's written consent. |
Presented by …………………………………………………………………………………………. |
Signature ……………………………………………………………………………………………… |
Date …………………………………………………………………………………………………… |
Completed by: |
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Identity Number |
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Postal Address: |
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Telephone number: |
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Mobile phone number: |
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Email address: |
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FORM B
NOTICE OF INTENTION TO REGISTER
(reg. 3)
Proposed business name……………………………………………………………………………. |
Name reservation number …………………………………………………………………………… |
1. DETAILS OF PROPOSED BUSINESS NAME: |
Business activities …………………………………………………………………………………… |
(Please record the business activity as per attached list) |
Principal place of business: |
Plot Number: |
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Postal address: |
Telephone number: |
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Renewal reminders: |
Mobile phone number: |
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2. PARTICULARS OF INDIVIDUAL PROPRIETOR |
The following persons are the proprietors of the proposed business name. |
Complete this information if the proprietor is an individual |
* Identity Number: |
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Residential address: |
First, Middle & Last Name |
Postal address: |
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*Identity Number: |
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Residential address: |
Postal address: |
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* Identity Number: |
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Residential address: |
First, Middle & Last Name |
Postal address: |
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3. PARTICULARS OF NOMINEE |
The following persons are the nominees of the proposed business name. |
Complete this information if the proprietor is a nominee |
*Identity Number: |
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Residential address: |
Postal address: |
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*Identity Number: |
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Residential address: |
Postal address: |
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*Identity Number: |
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Residential address: |
Postal address: |
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The following persons are the nominees of the proposed business name |
4. PARTICULARS OF BODY CORPORATE PROPRIETORS |
The following persons are the proprietors of the proposed business name- |
Complete this information if the proprietor is registered company in Botswana |
Company Name: |
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Registered Office address: |
Registration Number: |
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Postal Address: |
Company Name: |
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Registered Office address: |
Registration Number: |
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4 |
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Postal Address: |
Complete this information if the proprietor is a body corporate |
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Company Name: |
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Registered Office address: |
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Postal Address: |
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*In the case of a body corporate, please give the address of its registered office or, if it does not have a registered office, of its principal place of business and attach a full list of their shareholders. |
5. ACCOMPANYING DOCUMENTS |
The following documents must accompany this form: |
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a. |
If a person is a proprietor and a non-citizen, a certified copy of their passport. If the passport is not in English it should be accompanied by a certified translation. |
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b. |
Company proprietor outside Botswana to provide evidence of incorporation in home jurisdiction. |
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c. |
If the proprietor is a body corporate, a full list of shareholders is required. |
6. PROPRIETOR CONSENT |
I confirm that the proprietors have consented to be a proprietor for this business name.
Please tick
7. DECLARATION | |
Tick to confirm this information |
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I confirm I am either a proprietor of this business name or a person authorised to complete this application on their behalf, and have all necessary enquiries to ensure that the information contained in this application is true and correct. |
Signed by …………………………………………………………………………………………… |
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Signature …………………………………………………………………………………………… |
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Date ………………………………………………………………………………………………… |
Completed by: |
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Identity Number |
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Postal Address: |
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Telephone number: |
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Mobile phone number: |
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Email address: |
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LIST OF BUSINESS ACTIVITIES UNDER A BUSINESS NAME |
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1. |
Farming |
39 General clothing |
2. |
Poultry |
40 General hire service |
3. |
Manufacturing |
41 Gymnasium |
4. |
Basketry |
42 Haberdashery |
5. |
Brickmoulding |
43 Household shop |
6. |
Construction |
44 Industrial hardware |
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