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PART V.
Deposits by Bankers.
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Construction of references to holding oneself out as a banker.
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41.—(1) For the purposes of this Part of this Act, a person shall (save as is otherwise provided by the next following sub-section of this section) be deemed to hold himself out as a banker—
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(a) if, being a company or other corporate body carrying on any business whatsoever, the name of such body includes any of the words “bank”, “banker”, or “banking” or any word which is a variant or a derivative of any of those words, or
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(b) if, being an individual, he carries on any business whatsoever under a name or title (other than his own name without any addition thereto) which includes any of the words “bank”, “banker”, or “banking” or any variant or derivative of any of those words, or
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(c) if, being a partnership or other unincorporated body carrying on any business whatsoever, the name under which such body carries on such business (not being in the case of a partnership the name or names of one or more of the partners without any addition thereto) includes any of the words “bank” “banker”, or “banking” or any word which is a variant or a derivative of any of those words, or
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(d) in any case, if by the use, in an advertisement, circular, business card, or other document, of any of the words “bank”, “banker”, or “banking” or any variant or derivative of those words or any phrase analogous thereto he holds himself out or represents himself as conducting or being willing to conduct banking operations with, for, or on behalf of members of the public.
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(2) Notwithstanding anything contained in the foregoing sub-section of this section, none of the following banks, that is to say, the Bank, the Post Office Savings Bank, and a trustee savings bank certified (whether before or after the passing of this Act) under the Trustee Savings Banks Act, 1863, shall be deemed to hold itself out as a banker within the meaning or for the purposes of this Part of this Act.
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