Registration of Business Names Act, 1963

Removal of names from register.

12.—(1) If a person registered under this Act in respect of a business name ceases to carry on business under that name, it shall be the duty of that person or, in the case of an individual who dies, of his personal representative or, in the case of a firm, of every person who was a partner in the firm at the time when it ceased to carry on business under that name, and also, in the case of a body corporate, of any liquidator, within three months thereafter to send by post or deliver to the registrar a statement in the prescribed form to that effect, and if he makes default in doing so he shall be liable on summary conviction to a fine not exceeding £100.

(2) On receipt of such statement the registrar may delete from the register the particulars relating to that business name.

(3) Where, by virtue of subsection (6) of section 3, a person registered under this Act no longer requires to be so registered—

(a) the registrar, if so requested by that person, shall remove that person from the register, and

(b) section 8 shall no longer require that person to keep exhibited the certificate of registration,

and where the particulars registered under this Act in respect of any person include a former name or surname which, by virtue of subsection (2) of section 2, no longer requires to be included among those particulars, the registrar, if so requested by that person, shall amend the particulars by deleting that name or surname.

(4) Where the registrar has reasonable cause to believe that any person registered under this Act in respect of a business name is not carrying on business under that name, he may send to that person by registered post a notice that, unless an answer is received to such notice within one month from the date thereof, the particulars relating to that business name may be deleted from the register.

(5) If the registrar either receives an answer to the effect that the person is not carrying on business under that business name or does not within one month after sending the notice receive an answer, he may delete the particulars relating to that name from the register.