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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Schedule 2 : Transitional provisions

5. Relief from requirement to register business names



1) Section 79(1), (2) and (3)(a) and (b), and sections 80 and 81, do not take effect until a date determined by the Minister by notice in the Gazette, which date must be at least one year following the general effective date.


2) The Minister must publish a notice contemplated in subitem (1) at least six months before the date on which that notice is to take effect.


3) The Commission may not take any action to enforce—
a) section 79(1) at any time against a person for the use of a business name, if that person
i) had registered that business name before the general effective date in terms of any public regulation other than a repealed law; or
ii) was actively conducting business under that business name for a period of at least one year before the date on which section 79 took effect.


4) Any business name that, as of the general effective date, was registered in terms of any repealed law, must be regarded as having been registered in terms of this Act, as of the effective date.


5) The register of business names, as maintained by the Companies and Intellectual Property Registration Office in terms of any of the repealed laws, is continued as the register of business names contemplated in this Act.