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

Schedule 5 : Transitional Arrangements

8. Company names and name reservations

 

 

1) Any reservation by the Registrar of a name in terms of section 42 of the previous Act that was in effect immediately before the effective date, is regarded as having been a reservation in terms of section 12 of this Act, as from the effective date, subject to sub-item (2).

 

2) If the Commission believes that a reserved name contemplated in sub-item (1) does not satisfy the requirements of section 11
a) the Commission must notify the person for whose use the name was reserved, inviting the person to request the reservation of a substitute name that does satisfy the requirements of this Act; and
b) the person concerned may file a request contemplated in paragraph (a), at no charge, any time within 120 business days after the date of the Commission’s notice.

 

3) Any registration by the Registrar of—
a) a translation or shortened form of a name, in terms of section 43 of the previous Act that was in effect immediately before the effective date, is deemed to be a registration of that name, as if it had been registered as a name of the company concerned in terms of this Act; or
b) a defensive name, or renewal of the registration of a defensive name, in terms of section 43 of the previous Act that was in effect immediately before the effective date must be regarded as if it had been registered in terms of section 12(9) of this Act, as from the actual date on which that registration or renewal was granted.