S.I. No. 47/1964 - Business Names Regulations, 1964.

S.I. No. 47 of 1964.

BUSINESS NAMES REGULATIONS, 1964.

I, JOHN LYNCH, Minister for Industry and Commerce (hereinafter called "the Minister"), in exercise of the powers conferred on me by section 17 of the Registration of Business Names Act, 1963 (No. 30 of 1963), hereby make the following Regulations :—

1. These Regulations may be cited as the Business Names Regulations, 1964.

2. These Regulations shall come into force on the 1st day of April, 1964.

3. In these Regulations "the Act" means the Registration of Business Names Act, 1963 (No. 30 of 1963).

4. Whenever any act is required by the Act to be done by the registrar, such act shall be done by the registrar or by an assistant registrar or by any other officer authorised in that behalf by the Minister.

5. The fees to be paid to the registrar under the Act shall be as follows :

(a) On furnishing a statement of particulars required under section 4 of the Act, the sum of five shillings, and such sum shall cover the issue of one certificate of registration ;

(b) On furnishing a statement of change in the particulars registered as required under section 7 of the Act, the sum of five shillings, and such sum shall cover the issue, where necessary, of one certificate of registration of change in the business name ;

(c) By any person inspecting, under the provisions of section 16 of the Act, any documents kept by the registrar, the sum of one shilling for each such inspection ;

(d) By any person requiring, under the provisions of section 16 of the Act, a certificate of the registration of any person or a certified copy of or extract from any other document or any part of any other document, the sum of two shillings for each certificate, certified copy or extract.

6. The Forms set out in the Schedule hereto, with such variations as the circumstances in each case require, shall be the forms to be used under the Act.

7. The Business Names Rules, 1917 (S.R. & O. 1917 (No. 186) ) and the Business Names Rules, 1921 (S.R. & O. 1921 (No. 1029) ) are hereby revoked.

SCHEDULE

A 5s. adhesive postage stamp must be affixed in the space provide.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.	stamp to be
affixed here

FORM RBN 1.

Registration of Business Names Act, 1963 .	No. of Certificate

APPLICATION UNDER SECTION 4 FOR REGISTRATION BY AN INDIVIDUAL.

In furnishing the particulars specified below the word " none " or " same " as the case may be MUST be entered where applicable.

I, the undersigned, hereby apply for registration pursuant to the provisions of the Registration of Business Names Act, 1963 , and for that purpose furnish the following statement of particulars :—

(1) The business name.		See Notes A and B at back.
(2) The general nature of the business.
(3) The principal place of the business. (Full address.)
(4) The present Christian name (or names) and surname of the individual.		See Note D at back.
(5) Any former Christian name (or names) or surname of the individual. If none say " None."		See Note D at back.
(6) The nationality (if not Irish) of the individual.
(7) The usual residence of the individual. (Full address.)
(8) (a) The other business occupation (if any) of the individual. If none say " None."
(b) The names of all bodies corporate of which the individual is a director. If none say " None."
(9) The date of the adoption of the business name by the individual.
(10) Any other business name or names under which the business is carried on. If none say " None."

Dated this............................................................ .........day of........................19

(Signature)....................................................

See Note " C "

NOTE A.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

NOTE B.—In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

NOTE C.—This statement must in all cases be signed by the individual applying for registration, and must be sent by post or delivered to the Registrar within one month after the adoption of the business name.

Failure, without reasonable excuse, to furnish the required statement of particulars within the time specified will entail liability on summary conviction to a fine not exceeding £100 ; any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both.

NOTE D.—Section 2 of the Act provides as follows :—

" ' Christian name ' includes any forename."

" ' surname ', in the case of a person usually known by a title different from his surname, means that title."

" References in this Act to a former Christian name or surname do not include (a) in the case of a person usually known by a title different from his surname, the name by which he was known previous to the adoption of or succession to the title ; or, (b) in the case of any person, a former Christian name or surname where that name or surname was changed or disused before the person bearing the name attained the age of 18 years or has been changed or disused for a period of not less than 20 years ; or, (c) in the case of a married woman, the name or surname by which she was known previous to the marriage."

A 5s. adhessive postage stamp must be affixed in the space provided.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.	stamp to be
affixed here

FORM RBN 1A.

Registration of Business Names Act, 1963 ,	No. of Certificate

APPLICATION UNDER SECTION 4 FOR REGISTRATION BY A FIRM.

In furnishing the particulars specified below and overleaf the word " none " or " same " as the case may be MUST be entered where applicable.

Insert name of Firm.

.................................................., hereby apply for registration under the provisions of the Registration of Business Names Act, 1963 , and for that purpose furnish the following statement of particulars :—

1. The business name.		See Notes A and B.
2. The general nature of the business.
4. The date of the adoption of the business name by the partners mentioned in this statement.

		1	2	3	4	5	6	7
See Note D.	6. The present Christian name or names, and surname, of every individual who is—and the corporate name of every body corporate which is—a partner in the firm.
See Note D.	7. Any former Christian name or names or surname of every individual partner in the firm. If none say " None."
	8. The nationality (if not Irish) of every individual partner in the firm.
	9. The usual residence of every individual who is—and registered or principal office in the State of every body corporate which is—a partner in the firm. (Full address.)
	10. (a) Other business occupations (if any) of every individual partner in the firm. If none say " None."
	(b) The names of all bodies corporate of which each individual partner is a director. If none say " None."

Dated the................................................day of..................19 .

		......................................................		.......................................................
Signatures		......................................................	Signatures	.......................................................
	......................................................		.......................................................

For instructions as to signatures, see Note " C " following.

NOTE A.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

NOTE B.—In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

NOTE C.—This statement must in all cases be signed either :—

(i) by all the individuals who are partners and by a director or the secretary of all bodies corporate which are partners, or,

(ii) by some individual who is a partner, or by a director or the secretary of some body corporate which is a partner ;

and in a case to which (ii) applies must be verified by a statutory declaration made by the signatory.

This statement, when signed, must be sent by post or delivered to the Registrar within one month after the adoption of the business name and, where the signature to the statement is required to be verified by statutory declaration, the statutory declaration must be sent or delivered with the statement.

Failure, without reasonable excuse, to furnish the required statement of particulars within the time specified will entail liability on summary conviction to a fine not exceeding £100 ; and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both.

NOTE D.—Section 2 of the Act provides as follows :—

" 'Christian name' includes any forename."

" 'surname', in the case of a person usually known by a title different from his surname, means that title."

" References in this Act to a former Christian name or surname do not include, (a) in the case of a person usually known by a title different from his surname, the name by which he was known previous to the adoption of, or succession to, the title, or, (b) in the case of any person, a former Christian name or surname where that name or surname was changed or disused before the person bearing the name attained the age of 18 years or has been changed or disused for a period of not less than 20 years ; or, (c) in the case of a married woman, the name or surname by which she was known previous to the marriage."

A 5s. adhesive postage stamp must be affixed in the space provided.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.	stamp to be
affixed here

FORM RBN 1B.

Registration of Business Names Act, 1963 .	No. of Certificate

Application under Section 4 for Registration by a Company (as defined in the Companies Act, 1963 )

In furnishing the particulars specified below the word " none " or " same " as the case may be MUST be entered where applicable.

Insert name of company.

............................................................ ............................., hereby apply for registration pursuant to the provisions of the Registration of Business Names Act, 1963 , and for that purpose furnish the following ststement of particulars :—

1. The business name.		See Notes A and B.
2. The general nature of the business.
3. Principal place of the business. (Full address.)
4. Corporate name of the company carrying on the business.
5. Registered or principal office in the State of the company.
6. Date of adoption of the business name by the company.
7. Any other business name or names under which the business is carried on. If none say " None."

Dated this......................................................day of........................19 .

(Signature)............................................................ .

SEE NOTE " C ".

NOTE A.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

NOTE B.—In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

NOTE C.—This statement must in all cases be signed by a director or the secretary of the company applying for registration, and must be sent by post or delivered to the Registrar within one month after the adoption of the business name.

Failure, without reasonable excuse, to furnish the required statement of particulars within the time specified will entail liability on summary conviction to a fine not exceeding £100 ; any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both.

Where a body corporate is guilty of an offence under the Act, every director, secretary and officer of the body corporate who is knowingly a party to the default will be guilty of a like offence and liable to a like penalty.

A 5s. adhesive postage stamp must be affixed in the space provided.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.	stamp to be
affixed here

FORM RBN 1C.

Registration of Business Names Act, 1963 ,	No. of Certificate

APPLICATION UNDER SECTION 4 FOR REGISTRATION BY A BODY CORPORATE (other than a company as defined by the Companies Act, 1963 ).

In furnishing the particulars specified below and overleaf the word " none " or " same " as the case may be MUST be entered where applicable.

Insert name of body corporate.

............................................................ ............................., hereby applies for registration under the provisions of the Registration of Business Names Act, 1963 , and for that purpose furnishes the following statement of particulars :—

1. The business name.		See Notes A and B.
2. The general nature of the business.
3. The principal place of the business. (Full address.)
4. The corporate name of the body corporate applying for registration.
5. The registered or principal office in the State of the body corporate applying for registration.
6. The date of the adoption of the business name by the body corporate.
7. The other name or names (if any) under which the business is carried on. If none say " None."

Dated this........................day of........................, 19 .

(Signature)................................................

SEE NOTE " C ".

NOTE A.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

NOTE B.—In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

NOTE C.—This statement must in all cases be signed by a director or the secretary of the body corporate applying for registration and must be sent by post or delivered to the Registrar within one month after the adoption of the business name.

Failure, without reasonable excuse, to furnish the required statement of particulars within the time specified will entail liability on summary conviction to a fine not exceeding £100, and where a body corporate is guilty of an offence under the Act, every director, secretary and officer of the body corporate who is knowingly a party to the default will be guilty of a like offence and liable to a like penalty. Any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both.

A 5s. adhesive postage stamp must be affixed in the space provide.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2	stamp to be
affixed here

FORM RBN 2.

Registration of Business Names Act, 1963 .	No. of Certificate

STATEMENT, PURSUANT TO SECTION 7, OF NATURE OF CHANGE IN THE PARTICULARS REGISTERED BY AN INDIVIDUAL, AND DATE OF CHANGE.

The following is a statement of a change (and of the date of such change) which has been made or has occurred in the particulars registered in respect of*............................................................ ...............................

............................................................ ............................................................ ...........................................................

Here insert nature and date of change.

Dated the.......................................................day of.........................19 .

Signature............................................................ .........

For instructions as to signing, etc., see Note A.

*Here insert business name of individual.

_______________________________________________________________________

NOTE A.—This statement must be signed by the individual, and when signed must be sent by post or delivered to the Registrar within one month after any change in any of the particulars registered.

Failure, without reasonable excuse, to furnish the required statement of any change in the particulars registered within the time specified will entail liability on summary conviction to a fine not exceeding £100, and any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100 or to both.

NOTE B.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

INSTRUCTIONS

The foregoing statement must be furnished whenever any change is made or occurs in the particulars registered under Section 4 of the above Act, i.e., in :—

(1) The business name, including, in the case of the proprietor of a newspaper, the title of the newspaper.

(2) The general nature of the business.

(3) The principal place of the business.

(4) The present *Christian name (or names) and surname of the individual.

(5) The nationality of the individual.

(6) The usual residence of the individual.

(7) The other business occupation or directorships (if any) of the individual.

(8) Any other business name or names under which the business is carried on.

*Christian name includes any forename.

A 5s. adhesive postage stamp must be affixed in the space provided.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2	stamp to be
affixed here

FORM RBN 2A.

Registration of Business Names Act, 1963 .	No. of Certificate

STATEMENT, PURSUANT TO SECTION 7, OF NATURE OF CHANGE IN THE PARTICULARS REGISTERED BY A FIRM, AND DATE OF CHANGE.

............................................................ ............................................................ ...........................................................

*Here insert nature and date of change.

Where there are new partners, complete following pages also.

Dated the.......................................................day of.........................19 .

Signatures		............................................................ ....
		............................................................ ....
		............................................................ ....
		............................................................ ....
		............................................................ ....
		............................................................ ....
............................................................ ....

*Here insert business name of firm.

For instructions as to signing, etc., see Note A.

Particulars of new partners only.

	1	2	3	4	5	6	7
1. The present Christian name or names, and surname, of every individual who is—and the corporate name of every body corporate which is—a partner in the firm.
2. Any former Christian name or names or surname of every individual partner in the firm. If none say "None."
3. The nationality (if no Irish) of every individual partner in the firm.
4. The usual residence of every individual who is—and registered or principal office in the State of every body corporate which is—a partner in the firm. (Full address.)
5. (a) Other business occupations (if any) of every individual partner in the firm. If none say "None.
(b) The names of all bodies corporate of which each individual partner is a director. If none say "None."

Dated the ..................................................day of................19.

Signatures	............................................................ ..		............................................................ ....
Signatures	............................................................ .	Signatures	............................................................ ...
............................................................ .	............................................................ ...

For instructions as to signatures, see Note " A " following.

NOTE A.—This statement must be signed either

(i) by all the individuals who are partners, and by a director or the secretary of any body corporate which is a partner, or

(ii) by some individual who is a partner, or by a director or the secretary of some body corporate which is a partner, and

in a case to which (ii) applies must be verified by a statutory declaration made by the signatory.

This statement when signed must be sent by post or delivered to the Registrar within one month after any change in any of the particulars registered.

Note B.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

INSTRUCTIONS

The foregoing statement must be furnished whenever any change is made or occurs in the particulars registered under Section 4 of the above Act, i.e., in :—

(1) The business name, including, in the case of the proprietor of a newspaper, the title of the newspaper.

(2) The general nature of the business.

(3) The principal place of the business.

(4) Any other business name in which the business is carried on.

(5) The present *Christian name or names and surname of every individual who is, and the corporate name of every body corporate which is a partner in the firm, including changes brought about by increase or decrease in the numbers of partners.

*Christian name includes any forename.

(6) The nationality of every individual partner in the firm.

(7) The usual residence of every individual who is—and the registered or principal office in the State of every body corporate which is—a partner in the firm.

(8) The other business occupation or directorships (if any) of every individual partner in the firm.

A 5s. adhesive postage stamp must be affixed in the space provided.	5s. Postage
The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.	stamp to be
affixed here

FORM RBN 2B.

Registration of Business Names Act, 1963 .	No. of Certificate

STATEMENT, PURSUANT TO SECTION 7, OF NATURE OF CHANGE IN THE PARTICULARS REGISTERED BY A BODY CORPORATE. WHETHER OR NOT A COMPANY AS DEFINED BY THE COMPANIES ACT, 1963 . AND THE DATE OF CHANGE.

The following is a statement of a change (and of the date of such change) which has been made or has occurred in the particulars registered in respect of............................................................ .................................

............................................................ ............................................................ ...........................................................

Here insert name of body corporate.

Here insert nature and date of change.

Dated the...............day of.....................................19......

Signature............................................................ ...

For instructions as to signing, etc., see Note A.

______________________________________________________________________

NOTE A.—This statement must be signed by a director or secretary of the body corporate, and when signed must be sent by post or delivered to the Registrar within one month after any change in any of the particulars registered.

Failure, without reasonable excuse, to furnish the required statement of any change in particulars within the time specified will, entail liability on summary conviction to a fine not exceeding £100, and every director, secretary and officer of the corporation who is knowingly party to the default will be liable to a like penalty. Any statement which contains any matter which is false in any material particular to the knowledge of any person signing it will entail liability on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £100 or to both.

NOTE B.—The Minister for Industry and Commerce has the power to refuse to permit the registration of any name which in his opinion is undesirable (see Section 14 of the Act).

INSTRUCTIONS

The foregoing statement must be forwarded whenever any change is made or occurs in the particulars registered under Section 4 of the above Act, i.e., in :—

(1) The business name, including, in the case of the proprietor of a newspaper, the title of the newspaper.

(2) The general nature of the business.

(3) The principal place of the business.

(4) The other name or names (if any) under which the business is carried on.

(5) The corporate name of the body corporate.

(6) The registered or principal office, in the State, of the body corporate.

The statement must be sent or delivered to the Registrar of Business Names, Dublin Castle, Dublin 2.

FORM RBN 3.

Registration of Business Names Act, 1963 .	No. of Certificate

STATEMENT, PURSUANT TO SECTION 12(1), OF CESSATION OF BUSINESS UNDER A BUSINESS NAME BY A REGISTERED INDIVIDUAL, FIRM OR BODY CORPORATE.

Notice is hereby given that* ............................................................ ............................................................ ......

of............................................................ ............................................................ .......................................................

ceased to carry on business under the business name of............................................................ .........................

on the...............day of...............19......

Dated this...............day of...............19......

Signature

Signatures

{

............................................................ ..

* Insert name and address of individual, firm or body corporate as the case may be

_____________________________________________________________________

NOTE.—This statement must, in the case of an individual be signed by the individual, except in the case of the death of an individual when it must be signed by the personal representative of the deceased, in the case of a firm by the persons who were partners of the firm at the time when it ceased to carry on business under the business name, and in the case of a body corporate by a director or a liquidator and must in all cases be sent by post, or delivered to the Registrar of Business Names within three months after the business has ceased to be carried on under the business name.

Failure to furnish the required statement within the time above specified entails liability on summary conviction to a fine not exceeding £100.

GIVEN under my Official Seal, this 2nd day of March, 1964.

JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these regulations is to prescribe the fees to be paid, forms to be used, and other matters in connection with the Registration of Business Names Act, 1963 .