Section 10: Use of business names
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
10. Use of business names
(1) No person who is registered under this Act shall carry on business
under a business name other than that under which it is registered in the
CBRD.
(2) The registration of a business name under this Act shall not be construed as authorising the use of that name where, apart from such registration, the use thereof is prohibited under any other enactment.
(3) Except with the written consent of the Registrar, no person shall be
registered under a business name which includes—
(a) the word “Authority”, “Corporation”, “Government”, “Mauritius”, “National”, “President”, “Presidential”, “Regional”, “Republic”, “State”, or any other word which, in the opinion of the
Registrar, suggests, or is likely to suggest, that it enjoys the patronage of Government, a statutory corporation or the Government of any other State;
(b) the word “Municipal” or “Chartered” or any other word which, in
the opinion of the Registrar, suggests, or is likely to suggest,
connection with a local authority in Mauritius or elsewhere;
(c) the word “co-operative”; or
(d) the words “Chamber of Commerce”.
(4) Where the Registrar is satisfied that any person registered under this
Act carries on business, or any person applying for registration under this
Act intends to carry on business, under a business name which—
(a) is identical to, or so nearly resembles, the name of any other
person carrying on business or the business name under which
another person carries on business; or
(b) in the opinion of the Registrar, is undesirable or misleading,
B17 – 7 [Issue 9]
Business Registration Act
the Registrar may cancel his registration or refuse to register him, as the
case may be, unless he changes the business name to a name which may be
registered under this section, within 30 days from the date the Registrar requests him to do so.
(5) Any person aggrieved by a decision of the Registrar under subsection (4) may, within 30 days from the date of the notice of cancellation or
refusal, appeal in writing to the Minister whose decision shall be final.
(6) Any person who contravenes subsection (1) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 50,000 rupees.
[S. 10 amended by s. 2 of Act 4 of 2017 w.e.f. 20 May 2017.]
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Questions this section answers
- Can I trade under a business name different from the one I registered?
- Can I use words like "National" or "Government" in my business name?
- How long do I have to change my business name if the Registrar objects to it?
- Can I appeal if the Registrar cancels or refuses my business name?