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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 7 : Remedies and Enforcement

Part B : Rights to seek specific remedies

160. Disputes concerning reservation or registration of company names

 

 

1) A person to whom a notice is delivered in terms of this Act with respect to an application for reservation of a name, registration of a defensive name, application to transfer the reservation of a name or the registration of a defensive name, or the registration of a company's name, or any other person with an interest in the name of a company, may apply to the Companies Tribunal in the prescribed manner and form for a determination whether the name, or the reservation, registration or use of the name, or the transfer of any such reservation or registration of a name, satisfies the requirements of this Act.

 

2) An application in terms of subsection (1) may be made—
a) within three months after the date of a notice contemplated in subsection (1), if the applicant received such a notice; or
b) on good cause shown at any time after the date of the reservation or registration of the name that is the subject of the application, in any other case.

 

3) After considering an application made in terms of subsection (1), and any submissions by the applicant and any other person with an interest in the name or proposed name that is the subject of the application, the Companies Tribunal—
a) must make a determination whether that name, or the reservation, registration or use of the name, or the transfer of the reservation or registration of the name, satisfies the requirements of this Act; and
b) may make an administrative order directing—
i) the Commission to—
aa) reserve a contested name, or register a particular defensive name that had been contested, for the applicant;
bb) register a name or amended name that had been contested as the name of a company;
cc) cancel the reservation of a name, or the registration of a defensive name; or
dd) transfer, or cancel the transfer of, the reservation of a name, or the registration of a defensive name; or
ii) a company to choose a new name, and to file a notice of an amendment to its Memorandum of Incorporation, within a period and on any conditions that the Tribunal considers just, equitable and expedient in the circumstances, including a condition exempting the company from the requirement to pay the prescribed fee for filing the notice of amendment contemplated in this paragraph.

 

4) Within 20 business days after receiving a notice or a decision issued by the Companies Tribunal in terms of this section, an incorporator of a company, a company, a person who received a notice in terms of section 12(3) or 14(3), an applicant under subsection (1) or and any other person with an interest in the name or proposed name that is the subject of the application, as the case may be, may apply to a court to review the notice or decision.