S.I. No. 291/2002 - Business Names Regulations 2002


I, Noel Treacy, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 17 of the Registration of Business Names Act 1963 (No. 30 of 1963) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 1998 (S.I. No. 265 of 1998 )), hereby make the following regulations:

1.         These Regulations may be cited as the Business Names Regulations 2002.

2.         These Regulations shall come into operation on 3 rd July 2002.

3.         (1)       In these Regulations “the Act” means the Registration of Business Names Act, 1963 (No. 30 of 1963).

(2)       In these Regulations a reference to a Schedule is to a Schedule to these Regulations.

4.         Whenever any act is required by the Act to be done by the registrar, such act shall be done by the registrar or by an assistant registrar or by any other officer authorised in that behalf by the Minister for Enterprise, Trade and Employment.

5.         The fees set out in column 2 of Schedule 1 shall be paid to the registrar in respect of the items set out in column 1 of the said Schedule.

6.         The forms set out in Schedule 2, with such variations as the circumstances in each case require, shall be the forms to be used under the Act.

7.         The following Regulations are revoked:

(a)       Business Names Regulations 1964 ( S.I. No. 47 of 1964 );

(b)       Business Names Regulations 1976 ( S.I. No. 63 of 1976 );

(c)       Business Names Regulations 1980 ( S.I. No. 399 of 1980 );

(d)       Business Names Regulations 1983 ( S.I. No. 260 of 1983 );

(e)       Business Names Regulations 1987 ( S.I. No. 100 of 1987 );

(f)        Business Names Regulations 1988 ( S.I. No. 238 of 1988 );

(g)       Business Names Regulations 1993 ( S.I. No. 138 of 1993 );

(h)       Business Names Regulations 1997 ( S.I. No. 357 of 1997 );

(i)        Business Names Regulations 2001 ( S.I. No. 572 of 2001 ).

SCHEDULE 1

FEES

Regulation 5

ITEM

FEE

Furnishing a statement of particulars under section 4 of the Act and issue of one certificate of registration

€30

Furnishing a statement of change in the particulars registered under section 7 of the Act and issue, where necessary, of one certificate of registration of change in the business name

€12

Inspecting, under section 16 of the Act, any documents kept by the registrar

€3.50 in respect of each such inspection

A certificate of registration of any person or a certified copy of or extract from any other document or any part of any other document

€12 for each certificate, certified copy or extract

An uncertified copy of or extract from any document or any part of any document

€3.50 for each uncertified copy or extract

SCHEDULE 2

FORMS

Regulation 6

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NOTES ON COMPLETION OF FORM RBN1

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where “not applicable”, “nil” or “none” is appropriate, please state.

Where the space provided on Form RBN1 is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which is in his/her opinion undesirable. In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

note two

A detailed description of the nature of business is required. Simple descriptions such as ‘trading’ or ‘manufacturing’ are not sufficiently precise.

note three

Give the full postal address, in the State, of the business. A Post Office box number or a ‘care of’ address will not be accepted.

note four

Give the date business commenced trading or is due to commence trading.

note five

This section must be completed by the person who is presenting the application form to the Registrar. This may be the individual or a person on behalf of the individual. The DX number and exchange details may be given by those who are members of a document exchange service.

note six

Pursuant to section 2 Registration of Business Names Act 1963, forename(s) includes any Christian name(s), and surname, in the case of a person usually known by a title different from his/her surname, means that title.

References to a former forename or surname do not include:

(1)         In the case of any person usually known by a title different from his/her surname, the name by he/she was known previous to the adoption of, or succession to, the title; or

(2)         In the case of any person, a former forename or surname where that name or surname has been changed or disused for a period of not less than 20 years; or

(3)         in the case of a married woman, the name or surname by which she was known previous to the marriage.

note seven

Where applicable, insert company name and number.

note eight

This statement must in all cases be signed by the individual applying for registration and, where the business name has been adopted, must be sent by post or delivered to the Registrar within one month after the adoption of the business name.

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NOTES ON COMPLETION OF FORM RBN1A

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where “not applicable”, “nil” or “none” is appropriate, please state.

Where the space provided on Form RBN1A is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which is in his/her opinion undesirable. In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

note two

A detailed description of the nature of business is required. Simple descriptions such as ‘trading’ or ‘manufacturing’ are not sufficiently precise.

note three

Give the full postal address, in the State, of the business. A Post Office box number or a ‘care of’ address will not be accepted.

note four

Give the date business commenced trading or is due to commence trading.

note five

This section must be completed by the person who is presenting the application form to the Registrar. This may either be one of the partners or a person on behalf of the partners. The DX number and exchange details may be given by those who are members of a document exchange service.

note six

Insert the full name (initials will not suffice) and the usual residential address.

Pursuant to section 2 Registration of Business Names Act 1963, forename(s) includes any Christian name(s), and surname, in the case of a person usually known by a title different from his/her surname, means that title.

References to a former forename or surname do not include:

(1)         in the case of any person usually known by a title different from his/her surname, the name by he/she was known previous to the adoption of, or succession to, the title; or

(2)         in the case of any person, a former forename or surname where that name or surname has been changed of disused for a period of not less than 20 years; or

(3)         in the case of a married woman, the name or surname by which she was known previous to the marriage.

Where the partner is a corporate body, the corporate name and registered address must be stated.

note seven

Applicable only to individuals.

note eight

Where applicable, insert company name and number.

note nine

This statement must in all cases be signed by either: (1) all the individuals who are partners and a director/secretary of bodies corporate which are partners, or, (2) some individual who is a partner, or a director/secretary of some body corporate which is a partner; and in a case to which (2) applies, this must be verified by a statutory declaration made b the signatory.

Where the statement is signed by a director/secretary of a body corporate which is a partner, this must be made clear.

When signed, this statement must be sent by post or delivered to the Registrar within one month after adoption of the business name and, where the signature to the statement is required to be verified by statutory declaration, the statutory declaration must accompany the statement.

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NOTES ON COMPLETION OF FORM RBN1B

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where “not applicable”, “nil” or “none” is appropriate, please state.

Where the space provided on Form RBN1B is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which is in his/her opinion undesirable. In the case of the proprietor of a newspaper, the title of the newspaper must be set out.

note two

A detailed description of the nature of business is required. Simple descriptions such as ‘trading’ or ‘manufacturing’ are not sufficiently precise.

note three

Give the full postal address, in the State, of the business. A Post Office box number or a ‘care of’ address will not be accepted.

note four

Give the date business commenced trading or is due to commence trading.

note five

This section must be completed by the person who is presenting the application form to the Registrar. This may be the company secretary/director or a person on his/her behalf. The DX number and exchange details may be given by those who are members of a document exchange service.

note six

Where the company is a company incorporated under the Companies Acts 1963-2001, the company name must accord with the Register of Companies and the six digit company number ought be given.

note seven

Where applicable, the registered office address must accord with the particulars contained on documentation already delivered to the Companies Registration Office. Any change of registered office must be notified on Form B2 and Form RBN2B.

note eight

This statement must in all cases be signed by a director or secretary of the company applying for registration and must be sent by post or delivered to the Registrar within one month after the adoption of the business name.

note nine

Tick the relevant box(es).

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NOTES ON COMPLETION OF FORM RBN2

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where “not applicable”, “nil” or “none” is appropriate, please state.

Where the space provided on Form RBN2 is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

The business name must accord with the particulars contained in the documentation already delivered to the Companies Registration Office.

note two

Form RBN2 must be completed whenever any change is made or occurs in the particulars registered under section 4 Registration of Business Names Act 1963, i.e.

(1)         Business name, including, in the case of the proprietor of a newspaper, the title of the newspaper. Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which in his/her opinion is undesirable.

(2)         Nature of the business.

(3)         Principal place of business.

(4)         Present forename(s) and surname of the individual.

(5)         Nationality of the individual.

(6)         Usual residence of the individual.

(7)         Business occupation or directorships (if any) of the individual.

(8)         Other business name(s) under which the business is conducted.

note three

This statement must in all cases be signed by the individual and must be sent by post or delivered to the Registrar within one month after any change in any of the particulars registered.

note four

This section must be completed by the person who is presenting the form to the Registrar. This may be the individual or a person on behalf of the individual. The DX number and exchange details may be given by those who are members of a document exchange service.

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NOTES ON COMPLETION OF FORM RBN2A

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where “not applicable”, “nil” or “none” is appropriate, please state.

Where the space provided on Form RBN2A is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

The business name must accord with the particulars contained in documentation already delivered to the CRO.

note two

Form RBN2A must be completed whenever any change is made or occurs in the particulars registered under section 4 Registration of Business Names Act 1963, i.e.

(1)           Business name, including, in the case of the proprietor of a newspaper, the title of the newspaper.

Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which in his/her opinion is undesirable.

(2)           Nature of business.

(3)           Principal place of business.

(4)           Other name(s) under which the business is conducted.

(5)           Change in partners or their details, including, in the case of a corporate body, the name and registered office address in the State.

Where there are new partners, complete overleaf also.

note three

This section must be completed by the person who is presenting the form to the Registrar. This may either be one of the partners or a person on behalf of the partners. The DX number and exchange details may be given by those who are members of a document exchange service.

note four

Insert the full name (initials will not suffice) and the usual residential address. Where the partner is a corporate body, the corporate name and registered address must be stated.

Pursuant to section 2 Registration of Business Names Act 1963, forename(s) includes any Christian name(s), and surname, in the case of a person usually known by a title different from his/her surname, means that title.

References to a former forename or surname do not include: (1) in the case of any person usually known by a title different from his/her surname, the name by he/she was known previous to the adoption of, or succession to, the title; or (2) in the case of any person, a former forename or surname where that name or surname has been changed or disused for a period of not less than 20 years; or (3) in the case of a married woman, the name or surname by which she was known previous to the marriage.

note five

Applicable only to individuals.

note six

Where applicable, insert company name and number.

note seven

This statement must in all cases be signed by either: (1) all the individuals who are partners and a director or secretary of all bodies corporate which are partners, or, (2) some individual who is a partner, or a director or secretary of some body corporate which is a partner; and in a case to which (2) applies, this must be verified by a statutory declaration made by the signatory. Where the statement is signed by a director/secretary of a body corporate which is a partner, this must be stated.

When signed, this statement must be sent by post or delivered to the Registrar within one month after any change in any of the particulars registered.

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NOTES ON COMPLETION OF FORM RBN2B

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where the space provided on Form RBN2B is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

The business name must accord with the particulars contained in documentation already delivered to the Companies Registration Office.

note two

Form RBN2B must be completed whenever any change is made or occurs in the particulars registered under section 4 Registration of Business Names Act 1963, i.e.

(1)         Business name, including, in the case of the proprietor of a newspaper, the title of the newspaper. Pursuant to section 14 Registration of Business Names Act 1963, the Minister for Enterprise, Trade and Employment has the power to refuse to permit the registration of any name which in his/her opinion is undesirable.

(2)         Nature of business.

(3)         Principal place of business.

(4)         Other name(s) under which the business is conducted.

(5)         Corporate name of the body corporate

(6)         Registered office, in the state, of the body corporate.

note three

This statement must be signed by a director or secretary of the body corporate, and must be sent by post or delivered to the Registrar within one month after the change in any of the particulars registered.

note four

Tick the relevant box(es).

note five

This section must be completed by the person who is presenting the form to the Registrar. This may be the company secretary/director or a person on his/her behalf. The DX number and exchange details may be given by those who are members of a document exchange service.

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NOTES ON COMPLETION OF FORM RBN3

These notes should be read in conjunction with the relevant legislation.

General

This form must be completed in full and in accordance with the following notes.

Where the space provided on Form RBN3 is considered inadequate, the information should be presented on a continuation sheet in the same format as the relevant section in the form. The use of a continuation sheet must be so indicated in the relevant section.

note one

The business name must accord with the particulars contained in documentation already delivered to the Companies Registration Office.

note two

The principal place of business must accord with the particulars contained in documentation already delivered to the Companies Registration Office.

note three

This form must, in the case of an individual be signed by the individual, except in the case of the death of an individual when it must be signed by the personal representative of the deceased; in the case of a firm by the persons who were partners of the firm at the time when it ceased to carry on business under the business name; and in the case of a body corporate by a director or a liquidator.

Where the statement is signed by a director/secretary of a body corporate which is a partner, this must be stated.

This form must be sent by post, or delivered to the Registrar of Business Names within three months after the business has ceased to be carried on under the business name.

note four

This section must be completed by the person who is presenting the form to the Registrar. This may be the individual, firm or body corporate or a person on his/her/its behalf. The DX number and exchange details may be given by those who are members of a document exchange service.

Given under my hand

5th June 2002.

_________________

Noel Treacy

Minister of State at the

Department of Enterprise, Trade and Employment.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to revoke all previous Regulations made on foot of the Registration of Business Names Act 1963 , and replace them with a consolidated version which reflects the current fees being charged, and forms being issued, by the registrar of companies in relation to the registration of business names. The forms used for registering a business name have been altered by these Regulations.