| 1) |
Subject to the provisions of this section- |
| a) |
the name of a public company having a share capital shall include, as its last word, the word "Limited"; |
| b) |
the name of a private company having a share capital shall include as its last two words, the words "(Proprietary) Limited"; |
| c) |
the name of a company limited by guarantee shall include- |
| i) |
the word "Limited" as its last word; and |
| ii) |
the statement "(Limited by Guarantee)" subjoined to the said name. |
| 2) |
There shall be included in the name of any external company, the memorandum of which has been registered under this Act, the statement "Incorporated in . . . (stating the name of the foreign country concerned)" subjoined to the said name: Provided that if the external company is a body corporate which by the laws of the foreign country concerned is required to subjoint the abbreviation CC or BK, in capital letters, to the name under which it is registered, the statement "Incorporated in . . . (stating the name of the foreign country concerned)--external company under section 322" shall be subjointed to the said name. |
| 3) |
The name of an association not for gain incorporated under this Act shall not include the word and statement referred to in subsection (1)(c) but the statement "Association incorporated under section 21" shall be included in and be subjoined to the said name: Provided that an association not for gain incorporated under this Act before the commencement of the Companies Amendment Act, 1980, may instead of the said statement include in and subjoin to its name the statement "Incorporated association not for gain". |
| 4) |
The name of a private company having a share capital and the memorandum of which contains the provision referred to in section 53(b), shall not include the words referred to in subsection (1) (b), but shall include the word "Incorporated", as its last word, in the said name. |
| 5) |
If a company is being wound up by the Court or voluntarily or is under judicial management, the statement "in Liquidation", "In Voluntary Liquidation" or "Under Judicial Management", as the case may be, shall be included in and be subjoined to the name of the company concerned and if the winding-up order or judicial management order is discharged, or the voluntary winding-up ceases, the said statement shall be omitted from the name of such company. |
| 6) |
The addition to or omission from the name of any company of the words or statements prescribed by this section as a result of- |
| a) |
the conversion of a company into another type or form of company; or |
| b) |
the insertion in or deletion from the memorandum of a private company of the provision referred to in section 53(b); or |
| c) |
the discharge of a winding-up order or judicial management order or the cessation of voluntary winding-up, |
shall not be deemed to be a change of name for the purposes of section 44(1): Provided that subsections (2), (3) and (4) of that section shall apply in the case of such addition or omission as if it were a change of name.
| 7) |
If a company is being wound up by the Court or voluntarily, or is placed under judicial management, the Registrar shall, on receipt of a copy of the relevant order of Court or on registration of a special resolution for the voluntary winding-up of the company in terms of section 349, alter the register to include in and subjoin to the name of the company concerned the statement "In Liquidation", "In Voluntary Liquidation" or "Under Judicial Management", as the case may be, and if the winding-up order or judicial management order is discharged, or the winding-up ceases, the Registrar shall likewise on receipt of a copy of the relevant order of Court, alter the register to omit the said statement from the name of the company concerned. |
| 8) |
If any company fails to comply with any provision of subsection (1), (2), (3), (4), (5) or (6) or in any way uses a name in contravention of any such provision, it shall be guilty of an offence. |
| 9) |
[Sub-section (9) deleted by section 4 (b) of Act No. 70 of 1984] |
Protection of Businesses Act, 1978
