Registration of Business Names Act

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Registration of Business Names Act
CHAPTER 11.11
REGISTRATION OF BUSINESS NAMES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Firms and persons to be registered
4. Registration by nominee, etc.
5. Manner and particulars of registration
6. Statement to be signed by persons registered
7. Time for registration
8. Registration of changes in firm
9. Penalty for default in registration
10. Disability of persons in default
11. Penalty for false statements
12. Duty to furnish particulars to Registrar
13. Registrar to file statement and issue certificate of registration
14. Index to be kept
15. Removal of names from register
16. Misleading business names
17. Registrar
18. Inspection of statements registered
19. Governor acting on the advice of Cabinet may make rules
20. Publication of true names, etc.
21. Offences by corporations
22. Recovery of penalties
SCHEDULE: Forms

CHAPTER 11.11
REGISTRATION OF BUSINESS NAMES ACT
(Acts 4 of 1964, 23 of 1973 and 9 of 2011)
AN ACT TO PROVIDE FOR THE REGISTRATION OF FIRMS AND PERSONS
CARRYING ON BUSINESS UNDER BUSINESS NAMES AND FOR PURPOSES
CONNECTED THEREWITH.
Commencement
[17 April 1964]
Short title
1. This Act may be cited as the Registration of Business Names Act.
Interpretation
2. (1) In this Act—
“business” includes profession;
“business name” means the name or style under which any business is carried on, whether in partnership or otherwise;
“christian name” includes any forename;
“Court” means the High Court or a Judge thereof;
“firm” means an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit;
“foreign firm” means any firm, individual, or corporation whose principal place of business is situate outside the Commonwealth countries;
“individual” means a natural person and does not include a corporation;
“initials” includes any recognised abbreviation of a Christian name;
“Official Receiver” means an Official Receiver appointed under the Bankruptcy Act;
“Registrar” means the person designated under section 17;
“showcards” means cards containing or exhibiting articles dealt with, or samples or representations thereof.
(2) References in this Act to a former Christian name or surname shall not, in the case of any person, include a former Christian name or surname where that name or surname has been changed or disused before the person bearing the name had attained the age of eighteen years or has

been changed or disused for a period of not less than twenty years; and, in the case of a married woman, shall not include the name or surname by which she was known previous to the marriage.
(3) An individual or firm shall not require to be registered under this Act by reason only of a change of his name, or of the name of a member of the firm, if the change has taken place before the person who has changed his name has attained the age of eighteen years or if not less than twenty years have elapsed since it took place.
Firms and persons to be registered
3. Subject to the provisions of this Act—
(a) every firm having a place of business in Montserrat and carrying on business under a business name which does not consist of the true surnames of all partners who are individuals and the corporate names of all partners who are corporations without any addition other than the true Christian names of individual partners or initials of such Christian names;
(b) every individual having a place of business in Montserrat and carrying on business under a business name which does not consist of his true surname without any addition other than his true Christian names or the initials thereof;
(c) every individual or firm having a place of business in Montserrat, who, or a member of which, has either before or after the commencement of this Act changed his name, except in the case of a woman in consequence of marriage,
shall be registered in the manner directed by this Act:
Provided that—
(i) where the addition merely indicates that the business is carried on in succession to a former owner of the business, that addition shall not of itself render registration necessary; and
(ii) where two or more individual partners have the same surname, the addition of an s at the end of that surname shall not of itself render registration necessary; and
(iii) where the business is carried on by a trustee in bankruptcy or an Official Receiver or a receiver or manager appointed by the Court, registration shall not be necessary; and
(iv) a purchase or acquisition of property by two or more persons as joint tenants or tenants in common is not of itself to be deemed carrying on a business whether or not the owners share any profits arising from the sale thereof.

Registration by nominee, etc.
4. Where a firm, individual, or corporation having a place of business within Montserrat carries on the business wholly or mainly as nominee or trustee of or for another person, or other persons, or another corporation, or acts as general agent for any foreign firm the first mentioned firm, individual, or corporation shall be registered in manner provided by this Act, and, in addition to the other particulars required to be furnished and registered the particulars mentioned in the Schedule hereto:
Provided that, where the business is carried on by a trustee in bankruptcy or an Official Receiver or a receiver or manager appointed by the Court, registration under this section shall not be necessary.
Manner and particulars of registration
5. (1) Every firm or person required under this Act to be registered shall furnish to the Registrar a statement in writing in the prescribed form containing the following particulars—
(a) the business name;
(b) the general nature of the business;
(c) the principal place of the business;
(d) where the registration to be effected is that of a firm, the present Christian name and surname, any former Christian name or surname, the nationality, the usual residence, and the other business occupation (if any) of each of the individuals who are partners, and the corporate name and registered or principal office of every corporation which is a partner;
(e) where the registration to be effected is that of an individual, the present Christian name and surname, any former Christian name or surname, the nationality, the usual residence, and the other business occupation (if any) of such individual;
(f) where the registration to be effected is that of a corporation, its corporate name and registered or principal office;
(g) if the business is commenced after the commencement of this Act, the date of the commencement of the business.
(2) Where a business is carried on under two or more business names, each of those business names must be stated.
Statement to be signed by persons registered
6. The statement required for the purpose of registration must in the case of an individual be signed by him, and in the case of a corporation by a director or secretary thereof, and in the case of a firm, either by all the individuals who are partners, and by a director or the secretary of all corporations which are partners or by some individual who is a partner, or a

director or the secretary of some corporation which is a partner, and in either of the last two cases must be verified by a statutory declaration made by the signatory: Provided that, no such statutory declaration stating that any person other than the declarant is a partner, or omitting to state that any person other than as aforesaid is a partner, shall be evidence for or against any such other person in respect of his liability or non-liability as a partner, and that the Court may, on application of any person alleged or claiming to be a partner, directed the rectification of the register and decide any question arising under this section.
Time for registration
7. (1) The particulars required to be furnished under this Act shall be furnished within fourteen days after the firm or person commences business, or the business in respect of which registration is required as the case may be.
(2) This section shall apply, in the case where registration is required in consequence of a change of name, as if for references to the date of the commencement of the business there were substituted references to the date of such change.
Registration of changes in firm
8. Whenever a change is made or occurs in any of the particulars registered in respect of any firm or person, such firm or person shall, within fourteen days after such change, or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such fourteen days, allow, furnish to the Registrar a statement in writing in the prescribed form specifying the nature and date of the change signed, and where necessary verified, in like manner as the statement required on registration.
Penalty for default in registration
9. If any firm or person by this Act required to furnish a statement of particulars or of any change in particulars shall without reasonable excuse make default in so doing in the manner and within the time specified by this Act, every partner in the firm or the person so in default shall be liable to a fine of $25 for every day during which the default continues, and the Magistrate shall order a statement of the required particulars or change in the particulars to be furnished to the Registrar within such time as may be specified in the order.
Disability of persons in default
10. (1) Where any firm or person by this Act required to furnish a statement of particulars or of any change in particulars shall have made default in so doing then the rights of that defaulter under or arising out of any contract made or entered into by or on behalf of such defaulter in relation to the business in respect to the carrying on of which particulars

were required to be furnished at any time while he is in default shall not be enforceable by action or other legal proceeding either in the business name or otherwise:
Provided that—
(a) the defaulter may apply to the Court for relief against the disability imposed by this section, and the Court, on being satisfied that the default was accidental, or due to inadvertence or some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may grant such relief either generally or as respects any particular contracts on condition of the costs of the application being paid by the defaulter, unless the Court otherwise orders, and on such other conditions (if any) as the Court may impose, but such relief shall not be granted except on such service and such publication of notice of the application as the Court may order, nor shall relief be given in respect of any contract if any party to the contract proves to the satisfaction of the Court that, if this Act had been complied with, he would not have entered into the contract;
(b) nothing herein contained shall prejudice the rights of any other parties as against the defaulter in respect of such contract as aforesaid;
(c) if any action or proceeding shall be commenced by any other party against the defaulter to enforce the rights of such party in respect of such contract nothing herein contained shall preclude the defaulter from enforcing in that action or proceeding, by way of counterclaim, set off, or otherwise, such rights as he may have against that party in respect of such contract.
(2) Without prejudice to the power of the Court to grant such relief as aforesaid, if any proceeding to enforce any contract is commenced by a defaulter in the Magistrate’s Court, such last named Court may, as respects that contract, grant such relief as aforesaid.
Penalty for false statements
11. If any statement required to be furnished under this Act contains any matter which is false in any material particular to the knowledge of any person signing it, that person shall be liable to a fine of $100, or to imprisonment for three months, or to both such fine and imprisonment.
Duty to furnish particulars to Registrar
12. (1) The Registrar may require any person to furnish to him such particulars as he thinks necessary for the purpose of ascertaining whether or not such person or the firm of which he is partner should be registered under this Act, or an alteration made in the registered particulars, and may

also, in the case of a corporation, require the secretary, or any other officer of a corporation performing the duties of secretary, to furnish such particulars, and if any person, when so required, fails to supply such particulars as it is in his power to give, or furnishes particulars which are false in any material particulars, he shall be liable to a fine of $100, or to imprisonment for three months, or to both such fine and imprisonment.
(2) If, from any information so furnished, it appears to the Registrar that any firm or person ought to be registered under this Act, or an alteration ought to be made in the registered particulars, the Registrar may require the firm or person to furnish to him the required particulars within such time as may be allowed by the Registrar, but, where any default under this Act has been discovered from the information acquired under this section, no proceedings under this Act shall be taken against any person in respect of such default prior to the expiration of the time within which the firm or person is required by the Registrar under this section to furnish particulars to him.
Registrar to file statement and issue certificate of registration
13. On receiving any statement or statutory declaration made in pursuance of this Act, the Registrar shall cause the same to be filed, and he shall send by post or deliver a certificate of the registration thereof to the firm or person registering, and the certificate or a certified copy thereof shall be kept exhibited in a conspicuous position at the principal place of business of the firm or individual, and, if not kept so exhibited, every partner in the firm or the person, as the case may be, shall be liable to a fine of $100.
Index to be kept
14. The Registrar shall keep an index of all the firms and persons registered under this Act.
Removal of names from register
15. (1) If any firm or individual registered under this Act ceases to carry on business, it shall be the duty of the persons who were partners in the firm at the time when it ceased to carry on business, or of the individual, or, if he is dead, his personal representative, within three months after the business has ceased to be carried on, to deliver to the Registrar notice in the prescribed form that the firm or individual has ceased to carry on business, and if any person whose duty it is to give such notice fails to do so within such time as aforesaid, he shall be liable to a fine of $100.
(2) On receipt of such a notice as aforesaid the Registrar may remove the firm or individual from the register.
(3) Where the Registrar has reasonable cause to believe that any firm or individual registered under this Act is not carrying on business, he may send to the firm or individual by registered post a notice that, unless an

answer is received to such notice within one month from the date thereof, the firm or individual may be removed from the register.
(4) If the Registrar either receives an answer from the firm or individual to the effect that the firm or individual is not carrying on the business, or does not, within one month after sending notice, receive an answer, he may remove the firm or individual from the register.
Misleading business names
16. (1) Where any business name under which the business of a firm or individual is carried on contains the word “British” or any other word which, in the opinion of the Registrar, is calculated to lead to the belief that the business is under British ownership or control, and the Registrar is satisfied that the nationality of the persons by whom the business is wholly or mainly owned or controlled is at any time such that the name is misleading, the Registrar shall refuse to register such business name, or, as the case may be, remove such business name from the register, but any person aggrieved by a decision of the Registrar under this provision may appeal to the Governor, whose decision shall be final.
(2) The registration of a business name under this Act shall not be construed as authorising the use of that name if, apart from such registration, the use thereof could be prohibited.
(3) The power conferred by this section on the Registrar to refuse registration of a business name shall extend to any name which is in his opinion undesirable.
(4) Where registration of a business name is refused under this section, any person carrying on business under that name shall be liable under section 9 to same penalties as if he had without reasonable excuse made default in furnishing a statement of particulars with respect to that name.
Registrar
17. The Registrar of the High Court shall be the Registrar for the purposes of this Act.
Inspection of statements registered
18. (1) Any person may inspect the documents filed by the Registrar on payment of such fees as may be prescribed not exceeding 25 cents for each inspection: and any person may require a certificate of the registration of any firm or person, or a copy of or extract from any registered statement, to be certified by the Registrar, and there shall be paid for such certificate of registration, certified copy, or extract such fees as may be prescribed, not exceeding $1 for the certificate of registration, and not exceeding fifteen cents for each folio of seventy-two words, of the entry, copy, or extract.
(2) A certificate of registration, or a copy of or extract from any statement registered under this Act, if duly certified to be a true copy or

extract under the hand of the Registrar (whom it shall not be necessary to prove to be the Registrar), shall, in all legal proceedings, civil or criminal, be received in evidence.
Governor acting on the advice of Cabinet may make rules
19. (1) The Governor may make rules concerning any of the following matters—
(a) the fees to be paid to the Registrar under this Act, so that they do not exceed the sum of $25 for the registration of any one statement;
(b) the forms to be used under this Act;
(c) the duties to be performed by the Registrar under this Act; and
(d) generally, the conduct and regulation of registration under this Act, and any matters incidental thereto.
(Amended by Acts 23 of 1973 and 9 of 2011)
(2) All fees payable in pursuance of any such rules shall be paid into the Treasury.
Publication of true names, etc.
20. (1) Every individual and firm required by this Act to be registered shall, in all trade catalogues, trade circulars, show-cards, and business letters, on or in which the business name appears and which are issued or sent by the individual or firm to any person in any Commonwealth country, have mentioned in legible characters —
(a) in the case of an individual, his present Christian name or the initials thereof, and present surname, any former Christian name or surname, his nationality if not British; and
(b) in the case of a firm, the present Christian names or the initials thereof and present surnames, any former Christian names and surnames, and the nationality if not British of all the partners in the firm or, in the case of a corporation being a partner, the corporate name.
(2) If default is made in compliance with this section the individual or, as the case may be, every member of the firm shall be liable for each offence to a fine of $24:
Provided that, no proceedings shall be instituted under this section except by or with the consent of the Director of Public Prosecutions.
(Amended by Act 9 of 2011)

Offences by corporations
21. Where a corporation is guilty of an offence under this Act, every director, secretary, and officer of the corporation who is knowingly a party to the default shall be guilty of a like offence and liable to a like penalty.
Recovery of penalties
22. All offences under this Act may be prosecuted, and all penalties incurred may be imposed or recovered in the manner provided by the Magistrate’s Court Act.
___________
SCHEDULE
(Section 4)
Description of firm, etc. The additional particulars.
Where the firm, individual, or
corporation required to be
registered carries on
business as nominee or
trustee.
The present Christian name and surname, any
former name, nationality, and usual
residence, or, as the case may be, the
corporate name of every person or
corporation on whose behalf the business is
carried on: Provided that, if the business is
carried on under any trust and any of the
beneficiaries are a class or children or other
persons, a description of the class shall be
sufficient.
Where the firm, individual, or
corporation required to be
registered carries on
business as general agent for
any foreign firm.
The business name and address of the firm or
person as agent for whom the business is
carried on: Provided that, if the business is
carried on as agent for three or more foreign
firms it shall be sufficient to state the fact
that the business is so carried on, specifying
the countries in which such foreign firms
carry on business.
___________


BUSINESS NAMES RULES
ARRANGEMENT OF RULES

RULE
1. Short title
2. Interpretation
3. Procedure under section 16
4. Appeals to the Governor
5. Time for doing any Act
6. Fees
7. Forms
SCHEDULE
___________
BUSINESS NAMES RULES – SECTION 19
(S.R.O.s 21/1964 and 27/1991)
Commencement
[1 September 1964]
Short title
1. These Rules may be cited as the Business Names Rules.
Interpretation
2. In these Rules—
“Act” means the Registration of Business Names Act;
“Registrar” means the Registrar of the High Court.
Procedure under section 16
3. (1) Where the Registrar, pursuant to section 16 of the Act, decides to refuse to
register any business name or, as the case may be, to remove any business name from
the register, he shall send by post to the firm or individual applying for registration or,
as the case may be, registered in respect of such business name, a notice in writing of
such decision, and such notice shall contain a statement that any person aggrieved by
such decision may appeal to the Governor within twenty one days of such notice.
(2) If within twenty one days from the date of the notice of a decision of the
Registrar under section 16(1) of the Act to remove a business name from the register,
no notice, of appeal from such decision is received by the Registrar, or if on appeal
such decision of the Registrar is upheld, the Registrar shall remove such business name from the register in accordance with his decision.

Appeals to the Governor
4. (1) Any person intending to appeal to the Governor from any decision of the
Registrar under section 16(1) of the Act shall within twenty one days of the date of the
notice of such decision, deliver to the Registrar a notice of appeal in Form 10. Such
notice shall be accompanied by a statement of the grounds of appeal and of the
Appellant’s case in support thereof.
(2) A copy of the notice of appeal, together with a copy of the statement of the
grounds of appeal and of the case in support thereof, and a copy of the notice of the
Registrar’s decision shall at the same time be delivered by the Appellant to the
Governor.
(3) The decision of the Governor shall be communicated to the Appellant in
writing.
Time for doing any Act
5. The time prescribed in these Rules for doing any act thereunder by or to the
Registrar, or by or to the Governor may be enlarged by the Governor upon such terms
as he may direct, and such enlargement may be granted though the time has expired
for doing such act.
Fees
6. The fees to be paid to the Registrar under the Act shall be as follows—
(a) On a Statement of Particulars required by section 5 of the Act, the sum of $25. Such fee shall cover the issue of one certificate of
registration.
(b) On any Statement of Particulars required by the Schedule to the Act when such particulars are not furnished with the Statement of
Particulars required by section 5 of the Act, the sum of $1.50. Such
fee shall cover the issue of one certificate of registration.
(c) On a statement of any charge within the meaning of section 8 of the Act, the sum of $1.50. Such fee shall cover the issue of one certificate
of the registration of such statement.
(d) By any person inspecting under the provisions of section 18 of the Act the documents filed by the Registrar, the sum of 24 cents for each
inspection.
(e) On the application of any person requiring under the provisions of section 18 of the Act a certificate of registration of any firm,
individual or corporation or a certified copy of or extract from any
registered statement, the sum of fifty cents for a certificate of
registration and for each certified copy or extract the sum of fifteen
cents for each folio of seventy two words.
(f) By any person appealing to the Governor from a decision of the Registrar, the sum of $25.
(Amended by S.R.O. 27/1991)

Forms
7. The forms in the Schedule hereto, with such variations as the circumstances of
each case require, shall be the forms to be used under the Act. ___________


SCHEDULE
FORMS
FORM 1
The Statement must be delivered to the Registrar of the High Court.
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
APPLICATION FOR REGISTRATION BY AN INDIVIDUAL
(Section 3(b) and (c))
I, ……………………… the undersigned hereby apply for registration pursuant to the
provisions of the Registration of Business Names Act and for that purpose furnish the
following statement of particulars—
(1) The business name.
(2) The general nature of the business.
(3) The principal place of the business.
(4) The present Christian name (or names) and
Surname of the individual. (See Note A)

(5) Any former Christian name (or names) or
Surname of the individual. (See Note B)

Note A. — Christian name includes any forename.
Note B. — References in this Act to a former Christian name or Surname shall not, in the case
of natural-born British subjects, include a former Christian name or surname where that name or
surname has been changed or disused before the person bearing the name had attained the age of
eighteen years; and, in the case of a married woman, shall not include the name or surname by
which she was known previous to the marriage.
(6) The nationality of the individual.
(7) The nationality of origin of the individual, if
not the same as the present nationality.

(8) The usual residence of the individual.
(9) The other business occupation (if any) of the
individual.

(10) The date of the commencement of the
business, if the business was commenced


after the date of the commencement of the
Act.
(11) Any other business name or names under
which the business is carried on.

Dated this ................ day of ......................, 20.......... .
………………………………………
Signature
(See Note C.)
Note C. — This Statement must in all cases be signed by the individual applying for
registration.
Failure without reasonable excuse to furnish the required Statement of Particulars within
the time specified will, in addition to any disability imposed by the Act entail liability on
conviction to a fine of $25 for every day during which the default continues; and any Statement
which contains any matter which is false in any material particular to the knowledge of any
person signing it will entail liability on conviction to imprisonment, for a term of three months,
or to a fine of $100 or to both such imprisonment and fine.
Where the individual applying for registration carries on the business wholly or mainly as
Nominee or Trustee of or for another person or other persons or a corporation, or acts as
general agent for any foreign firm, the additional particulars specified in Form 4 must also be
furnished on such Form and delivered to the Registrar in the manner and within the times
before specified.
___________


FORM 2
The Statement must be delivered to the Registrar of the High Court.
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
APPLICATION FOR REGISTRATION BY A FIRM
(Section 3(a) and (c))
…………………………………. (Insert name of firm) hereby apply for registration
under the provisions of the Registration of Business Names Act and for that purpose furnish
the following statement of Particulars—
1. The business name.
2. The general nature of the business.
3. The principal place of the business.
4. The date of the commencement of the
business if the business was commenced
after the date of the commencement of the
Act.

5. Any other business name or names under
which the business is carried on.

1 2 3 4 5 6 7
6. The present Christian name or names and
surnames of every individual who is —
and the corporate name of every
corporation which is — a partner in the
firm. (See Note B)

7. Any former Christian name or names or
surname of every individual partner in the
firm. (See Note C)

8. The nationality of every individual
partner in the firm.

9. The nationality of origin (if other than the
present nationality) of every individual
partner in the firm.


10. The usual residence of every individual
who is—and the registered or principal
office of every corporation which is— a
partner in the firm.

11. The other business occupation (if any) of
every individual partner in the firm.

Dated the ............. day of .................., 20............
………………………………………
Signatures
FOR INSTRUCTIONS AS TO SIGNATURE, See NOTE A
Note A. — This Statement must in all cases be signed either—
(a) by all the individuals who are partners and by a Director or the Secretary of each
Corporation which is a Partner; or
(b) (1) by some individual who is a Partner, or
(2) by a Director or the Secretary of some Corporation which is a Partner; and
in either of the cases (b)(1) and (2) must be verified by a Statutory
Declaration made by the Signatory.
Failure without reasonable excuse to furnish the required Statement of Particulars within
the time specified will, in addition to any disability imposed by the Act entail liability on conviction
to a fine of $25 for every day during which the default continues; and any Statement which
contains any matter which is false in any material particular to the knowledge of any person
signing it will entail liability on conviction to imprisonment, for a term of three months, or to a fine
of $100 or to both such imprisonment and fine.
Where the individual applying for registration carries on the business wholly or mainly as
Nominee or Trustee of or for another person or other persons or a Corporation, or acts as general
agent for any foreign firm, the additional particulars specified in Form 4 must also be furnished on
such Form and delivered to the Registrar in the manner and within the times before specified.
Note B. — Christian name includes any forename.
Note C. — “References in this Act to a former Christian name or surname shall not, in the
case of natural born British subjects, include a former Christian name or surname where that name or
surname has been changed or disused before the person bearing the name had attained the age of
eighteen years; and, in the case of a married woman, shall not include the name or surname by which
she was known previous to the marriage.
___________


FORM 3
The Statement must be delivered to the Registrar of the High Court.
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
APPLICATION FOR REGISTRATION BY A CORPORATION
…………………….. (insert name of corporation) hereby apply for registration under
the provisions of the Registration of Business Names Act and for that purpose furnish the
following statement of particulars.
1. The business name.
2. The general nature of the business.
3. The principal place of the business.
4. The date of the commencement of the
business, if the business was commenced after
the date of the commencement of the Act.

5. The other name or names (if any) under which
the business is carried on.

6. The corporate name of the corporation
applying for registration.

7. The registered or principal office of the
corporation applying for registration.

The following Statement of Additional Particulars (8), (9), (10), (11), (12) and (13), is
to be furnished in respect of the carrying on by such Corporation of the business wholly
or mainly as nominee or trustee of or for another person or other persons or another
Corporation, provided that, if the business is carried on under any trust and any of the
beneficiaries are a class of children or other persons, then the particulars required under
(13) only need be furnished.
1 2 3 4 5 6 7
8. The present Christian name or
names and surname of the
corporate name of every person on
whose behalf the business is
carried on. (See Note A.)

Note A. — Christian name includes any forename.
1 2 3 4 5 6 7

9. Any former name or names of any person on those
behalf the business is carried on, (See Note B)

10. The nationality of every person on whose behalf
the business is carried on.

11. The nationality of origin of every person on whose
behalf the business is carried on if other than the
present nationality.

12. The usual residence of every person on whose
behalf the business is carried on.

13. Description of the Class of beneficiaries.
Note B.—Reference in this Act to a former Christian name or surname shall not, in the case of
natural-born British subjects, include a former Christian name or surname where that name or
surname has been changed or disused before the person bearing the name had attained the age of
eighteen years, and, in the case of a married woman, shall not include the name or surname by
which she was known previous to the marriage.
The further following Statement of Additional Particulars is to be furnished in respect
of any Corporation having a place of business within Montserrat and acting as General
Agent for any* foreign firm.
14. The business name and address of the foreign firm as
agent for whom the business is carried on.

If the business is carried on as Agent for three or more foreign firms it is sufficient to
state the fact that the business is so carried on, specifying the countries in which such
foreign firms carry on business.
Dated the ................. day of ....................., 20.......... .

………………………………………
Signature
(FOR INSTRUCTIONS AS TO SIGNING, See NOTE C.)
*“Foreign firm” means any firm, individual or corporation whose principal place of business is
situate outside the Commonwealth countries.
Note C.—This statement must in all cases be signed by a Director or Secretary of the
Corporation applying for registration.

Failure without reasonable excuse to furnish the required Statement of Particulars
within the time specified will, in addition to any disability imposed by the Act, entail liability on
conviction to a fine of $25 for every day during which the default continues, and where a
Corporation is guilty of an offence under this Act, every Director, Secretary and Officer of the
Corporation who is knowingly a party to the default will be guilty of a like offence and liable to a
like penalty. Any Statement which contains any matter which is false in any material particular
to the knowledge of any person signing it will entail liability on conviction to imprisonment for a
term of three months or to a fine of $100, or to both such imprisonment and fine.
___________


FORM 4
The Business Name
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
STATEMENT OF ADDITIONAL PARTICULARS TO BE FURNISHED BY AN INDIVIDUAL
PURSUANT TO SECTION 4 OF THE ACT
1. Where any individual having a place of business in Montserrat carries on the
business wholly or mainly as nominee or trustee of or for another person or other persons
or a corporation, the particulars required under (1), (2), (3), (4) and (5) must be furnished,
provided that, if the business is carried on under any trust and any of the beneficiaries are a
class of children or other persons, then the particulars required under (6) only need be
furnished.
1 2 3 4 5 6 7
1. The present Christian name or
names and surname or the
corporate name of every person or
corporation on whose behalf the
business is carried on. (See Note
A)

2. Any former name or names of any
person on whose behalf the
business is carried on. (See Note
B)

3. The nationality of every person on
whose behalf the business is
carried on.

4. The nationality of origin of every
person on whose behalf the
business is carried on, if other than
the present nationality.

5. The usual residence of every
person on whose behalf the
business is carried on.

6. Description of class of
beneficiaries.

Note A.—Christian name includes any forename.

Note B.—References in this Act to a former Christian name or surname shall not, in the case of
natural-born British subjects, include a former Christian name or surname where that name or
surname has been changed or disused before the person bearing the name had attained the age of
eighteen years; and in the case of a married woman, shall not include the name or surname by which
she was known previous to the marriage.
2. Where any individual having a place of business within Montserrat acts as general
agent for any* foreign firm the following particulars must be furnished.
The business name and address of the foreign firm as agent for
whom the business is carried on.

*“Foreign firm” means any firm, individual or Corporation whose principal place of business is
situate outside the Commonwealth countries.
If the business is carried on as agent for three or more foreign firms, it is sufficient to
state the fact that the business is so carried on specifying the countries in which such
foreign firms carry on business.
Date the ................ day of ..................., 20..............
Signature
(For instructions as to signing, see Note C.)
Note C.—This Statement must in all cases be signed by the individual applying for registration.
Failure without reasonable excuse to furnish the required Statement of Particulars within the
time specified will, in addition to any disability imposed by the Act, entail liability on conviction to
a fine of $25 for every day during which the default continues; and any Statement which contains
any matter which is false in any material particular to the knowledge of any person signing it will
entail liability on conviction to imprisonment for a term of three months, or to a fine of $100 or to
both such imprisonment and fine.
___________


FORM 5
The Business Name
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
STATEMENT OF ADDITIONAL PARTICULARS TO BE FURNISHED BY A FIRM
PURSUANT TO SECTION 4 OF THE ACT
1. Where any firm having a place of business in Montserrat carries on the business
wholly or mainly as nominee or trustee of or for another person or other persons or a
Corporation, the particulars required under (1), (2), (3), (4) and (5) must be furnished,
provided that,if the business is carried on under any trust and any of the beneficiaries are
a class of children or other persons, then the particulars required under (6) only need be
furnished.
1 2 3 4 5 6 7
1. The present Christian name or names
and surname or the corporate name
of every person or Corporation on
whose behalf the business is carried
on. (See Note A)

2. Any former name or names of any
person on whose behalf the business
is carried on. (See Note B)

3. The nationality of every person on
whose behalf the business is carried
on.

4. The nationality of origin of every
person on whose behalf the business
is carried on if other than the present
nationality.

5. The usual residence of every person
on whose behalf the business is
carried on.

6. Description of class of beneficiaries.
Note A.—Christian name includes any forename.

Note B.—Reference in this Act to a former Christian name or surname shall not, in the
case of natural-born British subjects, include a former Christian name or surname where that name
or surname has been changed or disused before the person bearing the name had attained the age
of eighteen years; and, in the case of a married woman, shall not include the name or surname by
which she was known previous to the marriage.
2. Where any firm having a place of business in Montserrat acts as General Agent for
any foreign firm* the following particulars must be furnished.
The business name and address of the foreign
firm as agent for whom the business is
carried on.

If the business is carried on as Agent for three or
more foreign firms it is sufficient to state
the fact that the business is so carried on,
specifying the countries in which such
foreign firms carry on business.

Dated the ................... day of ...……..............., 20........... .
………………………………………
Signature
(FOR INSTRUCTIONS AS TO SIGNING, ETC., See NOTE C.)
*“Foreign firm” means any firm, individual or Corporation whose principal place of business is
situate outside the Commonwealth countries.
Note C.—This Statement must in all cases be signed either—
(a) By all the Individuals who are Partners and by a Director or the Secretary of
every Corporation which is a Partner, or
(b) (1) by some individual who is a partner, or
(2) by a Director or the Secretary of some Corporation which is a Partner: and in
either of the cases (b)(1) and (2) must be verified by a Statutory Declaration
made by the Signatory.
Failure without reasonable excuse to furnish the required Statement of Particulars within
the time specified will, in addition to any disability imposed by the Act, entail liability on
conviction to a fine of $25 for every day during which the default continues; and any Statement
which contains any matter which is false in any material particular to the knowledge of any
person signing it will entail liability on conviction to imprisonment for a term of three months,
or to a fine of $100 or to both such imprisonment and fine.
___________


FORM 6
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
STATEMENT PURSUANT TO SECTION 8 OF THE ABOVE ACT
OF NATURE OF CHANGE IN THE PARTICULARS
REGISTERED BY AN INDIVIDUAL AND DATE OF CHANGE
The following is a Statement of a change (and of the date of such change) which has
been made or has occurred in the particulars registered in respect of
………………………………
(Here insert business name of individual.)
………………………………
(Here insert nature and date of change.)
Dated the ....…....... day of ........................, 20............... .
………………………………………
Signature
(FOR INSTRUCTIONS AS TO SIGNING, See NOTE A.)
Note A.—This Statement must be signed by the Individual, and when signed must be delivered
to the Registrar of the High Court within fourteen days after any change in any of the particulars
registered or within such longer period as the Governor may on application being made in any
particular case, whether before or after the expiration of such fourteen days, allow.
Failure without reasonable excuse to furnish the required Statement of any change in the
particulars registered within the specified time will, in addition to any disability imposed by the
Act, entail liability on conviction to a fine of $25 for every day during which the default continues,
and any statement which contains any matter which is false in any material particular to the
knowledge of any person signing it will entail liability on conviction to imprisonment for a term of
three months or to a fine of $100, or to both such imprisonment and fine.
___________


FORM 7
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
STATEMENT PURSUANT TO SECTION 8 OF THE ABOVE ACT
OF NATURE OF CHANGE IN THE PARTICULARS
REGISTERED BY A FIRM AND DATE OF CHANGE
The following is a statement of a change (and of the date of such change) which has
been made or has occurred in the particulars registered in respect of .................................. .
(Here insert business name of firm.)
(Here insert nature and date of change.)
Dated the .................. day of ........…......., 20............. .
………………………………………
Signatures
(FOR INSTRUCTIONS AS TO SIGNING, ETC., See NOTE A.)
NOTE A. — This Statement must be signed either—
(a) by all the individuals who are Partners, and by a Director or the Secretary of any
Corporation which is a Partner, or
(b) 1. by some individual who is a partner,
2. by a Director or the Secretary of some Corporation which is a Partner and in
either of cases (b)(1) and (2) must be verified by a statutory Declaration made
by the Signatory.
This Statement, when signed must be delivered to the Registrar of the High Court within
fourteen days after any change in any of the particulars registered or within such longer period as
the Governor may, on application being made in any particular case, whether before or after the
expiration of such fourteen days, allow.
Failure without reasonable excuse to furnish the required Statement of any change of the
particulars registered within the time specified will in addition to any disability imposed by the Act,
entail liability on conviction to a fine of $25 for every day during which the default continues, and
any statement which contains any matter which is false in any material particular to the
knowledge of any person signing it, will entail liability on conviction to imprisonment for a term
of three months or to a fine of $100 or to both such imprisonment and fine.
___________


FORM 8
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
STATEMENT PURSUANT TO SECTION 8 OF THE ABOVE ACT OF
NATURE OF CHANGE IN THE PARTICULARS REGISTERED
BY A CORPORATION AND DATE OF CHANGE
The following is a statement of a change (and of the date of such change) which has
been made or has occurred in the particulars registered in respect of
..............................……………………………………………………………... .
(Here insert name of Corporation.)
(Here insert nature and date of change.)
Dated the ............... day of ....................... , 20........... .
………………………………………
Signatures
(FOR INSTRUCTIONS AS TO SIGNING, ETC., See NOTE A.)
NOTE A. — This Statement must be signed by a Director or Secretary of the Corporation and, when signed, must be delivered to the Registrar of the High Court within fourteen days after any
change in any of the particulars registered, or within such longer period as the Governor may on
application being made in any particular case, whether before or after the expiration of such fourteen
days, allow.
Failure without reasonable excuse to furnish the required statement of any change in
particulars within the time specified will, in addition to any disability imposed by the Act entail
liability on conviction to a fine of $25 for every day during which the default continues, and every
Director, Secretary or officer of the Corporation who is knowingly party to the default will be
liable to a like penalty. Any statement which contains any matter which is false in any material
particular to the knowledge of any person signing it will entail liability on conviction to
imprisonment for a term of three months or to a fine of $100, or to both such imprisonment and
fine.
___________


FORM 9
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
NOTICE PURSUANT TO SECTION 15 OF THE ACT
OF CESSATION OF BUSINESS BY A REGISTERED FIRM OR INDIVIDUAL
Notice is hereby given that ....................………………….. (Here insert name and address
of firm or individual as the case may be,) of .............…….................………..……., ceased
to carry on business on the ..............…....... day of ....………...........................…, 20.......... .
Dated the ................ day of ............................, 20............ .
………………………………………
Signature(s)
To the Registrar of the High Court.
NOTE. — This notice must in the case of a firm be signed by the persons who were partners of
the firm at the time when it ceased to carry on business or, in the case of an individual, 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, and must in either case be delivered to the Registrar of the High
Court within three calendar months after the business has ceased to be carried on.
Failure to give the required notice within the time above specified entails liability on
conviction to a fine of $100.
____________

FORM 10
REGISTRATION OF BUSINESS NAMES ACT
FORM OF APPEAL FROM THE DECISION OF THE REGISTRAR
UNDER SECTION 16(1)
I (We) ......….......……………………………………...……………...........................
(Insert full name and address of appellant)
of ..............................…................ hereby give notice of appeal to the Governor from the
decision of the Registrar dated the …………........ day of ...............………........................,
20..............., whereby he decided …………………………………..

(Insert the decision complained of.)
Accompanying this notice is a statement of the grounds of appeal and of my (our) case
for the decision of the Governor.
Dated the ............... day of .........................., 20.......... .
…………………………………
(Signed)
To the Registrar of the High Court, ...................................

This notice must be delivered within twenty one days of the date of the notice of the
Registrar’s decision, to the Registrar, together with a statement of the grounds of appeal
and of the appellant’s case in support thereof.
A copy of this notice of appeal, together with copies of the statement of the grounds
of appeal and the case in support thereof, and a copy of the Registrar’s decision must at
the same time be sent by the appellant to the Governor.
____________

FORM 11
REGISTRATION OF BUSINESS NAMES ACT
FORM OF STATUTORY DECLARATION VERIFYING
A STATEMENT FURNISHED UNDER THE ACT
I,………..................................................., of ..……......................…………………..,
do hereby solemnly and sincerely declare that all the particulars contained in the statement
dated the ................................... day of ……………………, 20.......... , and signed by me
which is now produced and shown to me marked ................................... are true.
I make this Declaration conscientiously believing the same to be true and according to
the Statutory Declarations Act, and I am aware that if there is any statement in this
declaration which is false in fact, which I know or believe to be false or do not believe to
be true, I am liable to fine and imprisonment.

…………………………..
____________
FORM 12
NO. OF CERTIFICATE
REGISTRATION OF BUSINESS NAMES ACT
CERTIFICATE OF REGISTRATION
I hereby certify that a Statement furnished by .................................………………
of …………………………………………......................, pursuant to Section …..............
of the above-mentioned Act was registered on the ............. day of ………….......................,
20........... .
Dated this ...................... day of ......................, 20............ .
…………………………….
Registrar of the High Court
____________