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

Companies Regulations, 2011

Chapter 2 : Formation, Administration and Dissolution of Companies

Part A : Reservation and Registration of Company Names

12. Abuse of name reservation system

 

 

See section 12 (6)

 

(1) A notice contemplated in section 12 (6) must be issued by the Commission in Form CoR 12.1, and must—
(a) specify clearly the purpose of the notice in terms of the items listed in section 12 (6)(a) to (d); and
(b) set out the grounds upon which the Commission has formed the requisite belief that the notice is justified.

 

(2) If a person who has received a notice in Form CoR 12.1 to show cause why a name should be reserved, continue to be reserved or why a reservation should be transferred, as contemplated in section 12 (6)(a)—
(a) fails to respond to that notice within 40 business days after receiving it, the Commission must issue either—
(i) a notice in Form CoR 9.5, rejecting the application to reserve the name, or
(ii) a further notice in Form CoR 12.1, cancelling the reservation, or refusing to extend or transfer the reservation, as the case may be.
(b) provides information to the Commission within 40 business days after receiving Form CoR 12.1, the Commission, after considering that information, must issue either—
(i) a notice in Form CoR 9.4 accepting the reservation, extension or transfer as the case may be; or
(ii) a further notice in Form CoR 12.1, cancelling the reservation, or refusing to extend or transfer the reservation, as the case may be.