Is the name reservation process still a pre-requisite for registration under the new Act?

No, those requiring the incorporation of a company will have a choice. An incorporator may choose four names and place those on the Notice of Incorporation together with the other required incorporation information for example, the directors, address of company etc. Those names are then tested by the Commission. If unsuitable for use, the registration number as provided by the Commission becomes the registered name of the company.

The other choice is for the incorporator to simply leave the section on the Notice of Incorporation dealing with names blank, which then indicates to the Commission that the incorporator chooses the Incorporation number as the name of the company.

In both cases, the full registration of the company continues as per normal.

Furthermore, the Act restricts a company name only as far as necessary to:

  1. Protect the public from misleading names which falsely imply an association that does not in fact exist;
  2. Protect the interests of the owners of names and other forms of intellectual property from other persons passing themselves off, or coat-tailing on the first person’s reputation and standing; and
  3. Protect the society as a whole from names that would fall within the ambit of expression that does not enjoy constitutional protection because of its hateful or other negative nature

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