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Companies Act, 1973 (Act No. 61 of 1973)

Chapter IV: Formation, Objects, Capacity, Powers, Names, Registration and Incorporation of Companies

Names of Companies

50. Use and publication of name by company

 

 

1) Every company-
a) shall display its name on the outside of its registered office and every office or place in which its business is carried on, in a conspicuous position and in characters easily legible;
b) shall have its name engraved in legible characters on its seal (if any);
c) shall have its name and registration number mentioned in legible characters in all notices and other official publications of the company, including notices or other official publications in electronic format,  and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of the company and in all letters, delivery notes, invoices, receipts, and letters of credit of the company : Provided that for the purposes of this subsection -
i) the abbreviations "Ltd." or "Bpk.", "Pty." or "Edms.", "Inc." or "Ing.", "Co." or "Mpy." and "&" may be used for the words "Limited" or "Beperk" "Proprietary" or "Eiendoms", "Incorporated" or "Ingelyf", "Company" or "Maatskappy" and "and" or "en", respectively, in a company's name; and
ii) no company shall use the shortened form of its name or translated name unless it is used in conjunction with its name or translated name.

 

2) If a translated name of a company has been registered, the use of that translated name, and if the name of a company consists of or contains words in one of the official languages of the Republic, the use of a name consisting of or containing a literal translation of such words into not more than one other official language, shall be deemed to be sufficient compliance with the requirements of this section.

 

3) If any director or officer of a company or any person on its behalf-
a) uses or authorises the use of any seal purporting to be a seal of the company whereon its name is not so engraved as aforesaid; or
b) issues or authorises the issue of any notice or other official publication of the company, or signs or authorises to be signed on behalf of the company any bill of exchange, promissory note, endorsement, cheque or order for money or goods, wherein its name is not mentioned in manner aforesaid; or
c) issues or authorises the issue of any letter, delivery note, invoice, receipt or letter of credit of the company wherein its name is not mentioned in manner aforesaid,

he shall be guilty of an offence and shall further be liable to the holder of the bill of exchange, promissory note, cheque or order for money or goods for the amount thereof unless it is duly paid by the company.

 

4) If any company fails to comply with the requirements of subsection (1), it shall be guilty of an offence.

 


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