registration of business names corporate affairs and intellectual property office © 2011 copyright:...
TRANSCRIPT
REGISTR
ATIO
N OF
BUSINESS N
AMES
CORPORAT
E AFF
AIRS A
ND INTE
LLECTU
AL PROPE
RTY
OFFIC
E
© 2
011
COPYRIGHT: CAIPO
RELEVANT LAW
The Registration of Business Names Act, Cap.317
requires every individual or firm/partnership having a place of business in Barbados and carrying on business under a business name; which does not consist of the true surname of the individual, or the true surnames of the partners, or the corporate names of all the partners who are corporations, to register the business name. (RBNA, S3)
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DEFINITION
“Business name” means the name or style under which any business is carried on, whether in partnership or otherwise. (RBNA, S2)
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MAIN DIFFERENCE BETWEEN A BUSINESS NAME AND A COMPANY
Business Name - personal liability
Company - separate legal entity; no personal liability
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The Business Name must not be similar to or the same as the name of a company or any other name that is registered at CAIPO.
If the Business Name is similar to or the same as the name of a company, the company may consent to its use.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
In that case a written consent, signed by an authorized person such as a director or secretary of the company, giving its consent to the use of the name, must be submitted.
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REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The Business Name must not be misleading or in contravention of the law by including the words “Company”, “Limited”, “Corporation”, or “Incorporated”; or the abbreviation “Ltd.”, “Corp.” , or “Inc.”, or words such as “Insurance”, “Reinsurance”, “Cooperative” or any other restricted word.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The nature of the business must be suitable for registration under the Registration of Business Names Act. (“the Act”)
Some examples of businesses that are not permitted to be registered under the Act are: banking, insurance, cooperative or charitable activities.
The registered address must be the same as the one that is on the company’s file and all of the financial statements of that company must have been filed or in the absence of such, a declaration stating that the company is not required to file such statements, must be filed.
The date of commencement of business must be on or before the date of filing of the application.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The application form must be signed by all the individuals seeking to be registered and in the case of a company, by a director or secretary.
Each applicant must presented a Barbados I.D. card or valid passport evidencing his true identity.
If the application is being filed by an Attorney-at-Law on behalf of an individual or partnership of individuals, it must be accompanied by a photocopy of the front and back of the Barbados I.D. card or relevant passport pages evidencing their identity and the Attorney must certify that he has checked and is satisfied that it represents the valid identification of the individuals who signed the application form.
Where the applicant is a Caricom citizen he must present a valid passport or other travel document verifying his citizenship and showing that he has permission to be in Barbados.
If the applicant is not a citizen of Barbados, a Caricom citizen or has the status of an immigrant, evidence of a valid work permit must be submitted on his behalf.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The principal place of business must include the word “Barbados” in its address.The full names (i.e. first, middle and surnames) of each individual must be set out on the application form.If there are no middle names, this information must be noted at the back of the application form.COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The former name of each individual must also be set out on the application form.
If there is no former name this must be stated on the application form.
The present nationality, nationality of origin and occupation of each applicant must be set out on the application form.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
Where a company is being registered as a partner of a firm, the name of the company and the registered office of that company must be stated on the application form.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The registered address must be the same that appearing on the company’s file. All of the financial statements of that company or a declaration stating that the company is not required to file such statements must be filed before a company can be registered as a partner of a firm.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
The date of commencement of business must be on or before the date of filing of the application.The application form must be signed by all the individuals seeking to be registered and in the case of a company, by a director or secretary.Each applicant must present a Barbados I.D. card or valid passport evidencing his true identity.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
If the application is being filed by an Attorney-at-law on behalf of an individual or partnership of individuals, it must be accompanied by a photocopy of the front and back of the Barbados I.D. card or relevant passport pages evidencing their identity of the individuals and the Attorney must certify that he has checked and is satisfied that it represents the valid identification of the individual(s) who signed the application.
COPYRIGHT: CAIPO
REQUIREMENTS FOR THE REGISTRATION OF BUSINESS NAMES
Where the applicant is a Caricom citizen he must present a valid passport or other travel document verifying his citizenship and showing that he has permission to be in Barbados.
If the applicant is not a citizen of Barbados, a Caricom citizen or has the status of an immigrant, evidence of a valid work permit must be submitted on his behalf.
COPYRIGHT: CAIPO
CHANGES TO THE PARTICULARS OF BUSINESS NAMES
Whenever a change is made to any of the particulars registered in respect of any person or firm/partnership, a Statement Giving Notice of Changes Form (Form 3) must be filed within fourteen (14) days after the date of such change.
COPYRIGHT: CAIPO
CHANGES TO THE PARTICULARS OF BUSINESS NAMES
If the Business Name is being changed, the new name must comply with all of the requirements for registration of a name as a Business Name.
Where new individuals are being registered, their full names and addresses must be stated.
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CHANGES TO THE PARTICULARS OF BUSINESS NAMES
Where a change of place of Business or Registered Office is being registered, the word “Barbados” must be included in the new address of the business.
The date of change must be on or before the filing date of the Statement Giving Notice of Changes Form. (Form 3)
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CHANGES TO THE PARTICULARS OF BUSINESS NAMES
Where a change of nature of business is being registered, the Statement must indicate whether it is the new nature of business or an addition to the existing nature of business.
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ANY OTHER CHANGES
Other changes that are required to be filed with CAIPO by way of the Statement Giving Notice of Changes Form (Form 3) include:
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ANY OTHER CHANGES
Where a person or a firm is being registered as the new owner of a Business Name.
The form must state that the previous person or firm registered to carry on the business has ceased to do so.
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ANY OTHER CHANGES
When any firm or individual registered under the Act ceases to carry on business it shall be the duty of the persons who are partners in the firm at the time when it ceased to carry on business or the individual or if he is dead, his personal representative within 3 months after the business has ceased to file a notice of cessation of business.
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ANY OTHER CHANGES
Where a company is being registered as a partner of a firm, a Statement showing the name and registered office of the company must be filed. The registered address of the company must be the same as that on the company file.
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ANY OTHER CHANGES
Where there is a change of address of an individual or company, notice of the change of address must be filed. The address must be the full address and in the case of a company must be the same as that appearing on the company file.
COPYRIGHT: CAIPO
ANY OTHER CHANGES
Signatures - The Statement Giving Notice of Changes Form must be signed by all the persons who are ceasing as owners of the Business Name and those who are now being registered.
COPYRIGHT: CAIPO