Section 34: Application for reservation of name
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
34. Application for reservation of name
(1) An application for reservation of the name of a company may be sent or
delivered to the Registrar, and shall be in such form as the Registrar may
approve.
(2) The Registrar shall not reserve a name—
(a) which, or the use of which, would contravene an enactment;
(b) which, by virtue of section 35, may not be registered;
(c) which is identical to a name that the Registrar has already reserved under this Act or the Companies Act 1984 and that is
still available for incorporation; or
(d) which, in the opinion of the Registrar, is offensive.
(3) The Registrar shall inform the applicant by notice in writing—
(a) whether or not the Registrar has reserved the name; and
(b) if the name has been reserved, that unless the reservation is
sooner revoked by the Registrar, the name is available for incorporation of a company with that name or registration of a
change of name, whichever be the case, for 2 months after the
date stated in the notice.
(4) The reservation of a name under subsection (3) shall not by itself
entitle the proposed company, company or foreign company to be registered
under that name, originally or on a change of name.
[S. 34 amended by s. 4 (c) of Act 21 of 2006 w.e.f. 1 October 2006; s. 7 (b) of Act 27 of
2013 w.e.f. 21 December 2013.]
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Questions this section answers
- How long is my company name reserved once the Registrar approves it?
- On what grounds can the Registrar refuse to reserve my chosen company name?