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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

9. Reservation of company names

 

 

See section 12

 

(1) An application to reserve a name in terms of section 12 (1) must be made in Form CoR 9.1, may include as many as four alternative names listed in order of preference, and must be accompanied by—
(a) the fee set out in Table CR 1; and
(b) any relevant documentation or evidence required in terms of regulation 8 with respect to each name included in the application.

 

(2) An application to extend the reservation of a name, as contemplated in section 12 (4), must be made in Form CoR 9.2, and must be accompanied by—
(a) the fee set out in Table CR 1; and
(b) in the case of a name in respect of which satisfactory evidence of any facts was required in terms of regulation 8 when the name was first reserved, further satisfactory evidence of the relevant circumstances, including any alteration in those circumstances since the reservation was first applied for.

 

(3) As soon as practicable after receiving an application to reserve a name, or to extend the reservation of a name, the Commission must consider the name, or if more than one name is included in the application for reservation, must consider the names serially in the order in which they appear in the application, and must issue to the applicant—
(a) a Notice Requiring Further Particulars in Form CoR 9.3, if the Commission requires more information to satisfy any relevant requirements in terms of section 11 or 12 or regulation 8, before determining whether to accept the application; or
(b) a Notice Confirming a Name Reservation or Registration in Form CoR 9.4, if the Commission has accepted an application to reserve a name, or extend the reservation of a name; or
(c) a Notice Refusing a Name Reservation or Registration in Form CoR 9.5, if—
(i) the form of the name, or in the case of an application including alternative names, the form of each such name, fails to satisfy any requirements set out in section 11 or 12, or regulation 8; or
(ii) the use of that name, or in the case of an application including alternative names, the use of each of those names, by the applicant is prohibited in terms of the Act.

 

(4) If the Commission has accepted the reservation of a name that the Commission considers may be contestable on any ground contemplated in section 12 (3), the Commission, when issuing Form 9.4 in response to that application, must also issue—
(a) A Notice of a Potentially Contested Name, in Form CoR 9.6, to the applicant if the name is contestable in terms of section 12 (3)(a), read with section 11 (2)(b) or (c); or
(b) a Notice of a Potentially Offensive Name, in Form CoR 9.7, to the South African Human Rights Commission and to the applicant, if the name is contestable in terms of section 12 (3)(b), read with section 11 (2)(d).