Registration of Business Names Regulations 2014
C
T
REGISTRATION OF BUSINESS NAMES
REGULATIONS 2014
Registration of Business Names
Regulations 2014 Arrangement of Sections
to Page 3
C
T
REGISTRATION OF BUSINESS NAMES
REGULATIONS 2014
Arrangement of Sections
Regulation
1 Short Title .............................................................................................................. 5
2 Interpretation .......................................................................................................... 5
3 Application for Business Name Registration ......................................................... 6
4 Issue or refusal of Business Name Registration..................................................... 6
5 Withdrawal of Application .................................................................................... 6
6 Duration of registration .......................................................................................... 6
7 Business Names Register ....................................................................................... 7
8 Cancellation of Business Names Registration ....................................................... 7
9 Appeal to Minister ................................................................................................. 8
10 Time Cancellation comes into effect ..................................................................... 8
11 Amendment of Register and Registration .............................................................. 8
12 Penalties ................................................................................................................. 9
13 Electronic Documents ............................................................................................ 9
14 Authority to Use On-line Services ......................................................................... 9
15 Application for Business Name Re-registration .................................................. 10
SCHEDULE 1 11
PRESCRIBED FEES 11
SCHEDULE 2 12
BUSINESS ACTIVITIES 12
Arrangement of Sections
Registration of Business Names
Regulations 2014
Page 4 to
FORMS 13
FORM 1 | APPLICATION FOR REGISTRATION OF BUSINESS NAME 13
FORM 2 | BUSIINESS NAME CERTIFICATE 18
FORM 3 | RENEWAL OF BUSINESS NAME REGISTRATION 19
FORM 4 | AMENDMENT OF BUSINESS NAME REGISTRATION 24
FORM 5 | BUSINESS NAME AMENDMENT CERTIFICATE 29
FORM 6 | NOTICE OF CESSATION OF BUSINESS 30
FORM 7 | BUSINESS NAME CERTIFICATE OF CANCELLATION 31
FORM 8 | APPLICATION FOR REINSTATEMENT OF BUSINESS NAME
REGISTRATION 32
FORM 9 | BUSINESS NAME CERTIFICATE OF REINSTATEMENT 36
FORM 10 | APPLICATION FOR RE-REGISTRATION OF BUSINESS NAME 37
FORM 11 | BUSINESS NAME CERTIFICATE OF RE-REGISTRATION 41
Registration of Business Names Regulations
2014 Regulation 1
to Page 5
C
T
REGISTRATION OF BUSINESS NAMES
REGULATIONS 2014
REGISTRATION OF BUSINESS NAMES ACT 2013
IN EXERCISE of the powers conferred by section 21 of the Registration of
Business Names Act 2013 , the Minister of Commerce, Tourism and Labour ,
with the consent of Cabinet, makes the following regulations -
1 Short Title
This Regulation may be cited as the Registration of Business Names Regulations
2014.
2 Interpretation
In these Regulations, unless the context otherwise requires -
“access information” means information assigned for the purpose of maintaining the
integrity of the registry (for example, passwords, access number, user Ids, and
“PINs”);
“Act” means the Registration of Business Names Act 2013;
“Application” means an application for a business names registration made under
section 6 of the Act and the “applicant” shall have a corresponding meaning;
“authorized user” means a person who has log-on access to the registry;
Regulation 3
Registration of Business Names Regulations
2014
Page 6 to
“online service” means a service provided by, or on behalf of, the Registrar that
allows documents to be registered, delivered, sent or forwarded to the Registrar by
electronic means including the Internet; and
all terms defined in Section 2 of the Act shall have the same meaning as set forth in
the Act when used in these Regulations.
3 Application for Business Name Registration
(1) An application for a business name registration shall be accompanied with the
correct fee as prescribed in Schedule 1 and be -
(a) made in the form prescribed in Form 1 and delivered to the Registrar in
person or by post if submitted by paper; or
(b) submitted to the Registry via an on-line service.
(2) Where the application is rejected by the Registrar, the Registrar shall advise
the applicant in a written communication of the reasons of rejection.
(3) Upon receipt of an application the Registrar shall cause the applicant to be
issued a receipt indicating the date of receipt.
4 Issue or refusal of Business Name Registration
(1) Where an application is received pursuant to section 6 of the Act, the Registrar
shall within 3 working days either issue the applicant with a Certificate of
Business Name Registration or advise the applicant in writing of the statutory
grounds for refusing the application.
(2) A Certificate of Business Name Registration shall be in the form prescribed in
Form 2, as may be changed from time to time by the Registrar.
(3) Where an application is rejected on the specific statutory grounds set out in the
Act the application fee shall not be refundable.
5 Withdrawal of Application
(1) An application may be withdrawn by written application to the Registrar by the
applicant.
(2) The application fee shall not be refunded where the application is withdrawn.
6 Duration of registration
(1) A business name registration shall remain in force for one year but may be
renewed each year by filing with the Registrar a statement of renewal in
accordance with Section 15 of the Act.
Registration of Business Names Regulations
2014 Regulation 7
to Page 7
(2) A statement of renewal shall be-
(a) made in the form prescribed in Form 3, as may be changed from time to
time by the Registrar; and
(b) accompanied with the correct notice of business activity fee as prescribed
in Schedule 1.
(3) Upon receipt of a proper statement of renewal together with the proper fee, the
Registrar shall register the statement and issue the applicant with a renewed
Registration of Business Name Certificate.
7 Business Names Register
(1) The Registrar shall establish and maintain a Business Names Register in a
format deemed acceptable to Register under Section 10 of the Act.
(2) The Business Names Register shall contain, at a minimum, the following
information -
(a) business name;
(b) registration number;
(c) address of the principal place of business and other places of business
conducted under the business name;
(d) date of issue of the Certificate of Business Name Registration;
(e) a history of all filings related to the business name; and
(f) such statistical information the Registrar deems appropriate from time to
time to collect, which information shall be held as confidential.
(3) The Business Names Register shall be available for inspection or copying of
entries by the public at least during the normal business hours upon payment of
the fees prescribed in Schedule 1.
(4) Where a Business Name registration is cancelled, the Business Names Register
shall contain details of the cancellation.
8 Cancellation of Business Names Registration
Where the Registrar cancels a Business Names Registration the Registrar shall -
(a) notify the Registrant in a written communication in compliance with Section
12 of the Act of the reason for the cancellation; and
(b) the notice shall inform the Registrant of its right of appeal.
Regulation 9
Registration of Business Names Regulations
2014
Page 8 to
9 Appeal to Minister
(1) An appeal may be made against a decision to cancel a registration of business
name regulation and shall be made in writing to the Minister within 14 working
days from the date the Registrant is given notice of the cancellation.
(2) The appeal shall set out the grounds of appeal.
(3) The Minister shall, within 28 working days of the date of deciding the appeal,
advise the Registrant and decide the appeal.
(4) The Minister shall within 3 working days of the date of deciding the appeal,
advise the Registrant in a written communication of the decision.
10 Time Cancellation comes into effect
Where the Registrar cancels a Business Name Registration, the cancellation shall not
come into effect until, in the case of the holder of a business name registration who -
(a) does not exercise a right of appeal within 14 working days as specified under
the regulation 10(1); or
(b) exercise a right of appeal within the time prescribed under regulation 10(3),
from the date when the decision was made.
11 Amendment of Register and Registration
(1) Where the information contained on the Certificate of Business Name or the
Business Name Register is no longer correct due to a change in circumstances,
the Registration shall in accordance with Section 8 of the Act file an amendment
to the business name registration, which shall be in the form prescribed in Form
4, as may be changed from time to time by the Registrar.
(2) Where the Registrar receives an amendment under sub-regulation 11(1) that the
Certificate of Business Name contains information that is no longer correct, the
Registrar shall amend the Business Name Register within 2 working days of
receiving the amendment.
(3) Where the Registrar receives an amendment under sub-regulation 11(1) that the
Certificate of Business Name Registration contains information that is no
longer correct, the Registrar shall issue an amended Certificate Business Name
Registration upon application and payment of the fee prescribed in Schedule 1.
(4) Where a proposed amendment is received the Registrar shall within 3 working
days either issue register the amendment or advise the applicant in writing of
the statutory grounds for refusing the application.
Registration of Business Names Regulations
2014 Regulation 12
to Page 9
12 Penalties
(1) Where the registrant fails to comply with the Act or these Regulations, the
Registrar may impose a penalty as prescribed under the Act.
(2) Where the Registrar imposes a penalty under sub-regulation 12(1), the
Registrar shall advise the registrant in a written communication sent in
accordance with Section 12 of the Act.
13 Electronic Documents
(1) Any person, including any legal entity, foreign legal entity or government
agency, may submit documents to the Registrar via an online service in manner
made available by the Registrar.
(2) If a document is registered, delivered, sent, or forwarded to the Registrar using
an online service -
(a) an email address for communication with the person who registers,
delivers, sends, or forwards the document to the Registrar must be
provided with the document; and
(b) an email address for communication with the business person must be
provided with the document if different from the email address of the
person who registers the document.
14 Authority to Use On-line Services
(1) Any person, including any legal entity, foreign legal entity or government
agency, may become an authorised user for the purpose of submitting
documents to the Registrar and to arrange for the payment of fees hereunder.
(2) The Registrar may seek documentation or other evidence from any person that
is or seeks to become an authorised user of the on-line services sufficient to
authenticate the identity of such person or entity to the reasonable satisfaction
of the Registrar.
(3) There shall be no fee for becoming an authorised user of the on-line services.
(4) Payments and payments methods for using the on-line service may be made
pursuant to procedures announced from time to time by the Registrar.
(5) In order for an authorised user to have access to make a filing within the
registry, the authorised user shall enter the relevant access information. The
Registrar is not required to verify that the authorised user is entitled to use the
access information entered by the authorised user.
(6) The Registrar may disclose access information only if -
Regulation 15
Registration of Business Names Regulations
2014
Page 10 to
(a) the Registrar is reasonably satisfied that the person to whom the access
information is to be disclosed is entitled to the information; and
(b) the disclosure of the access information is necessary to facilitate the
operation of the registry.
(7) The format provided by the electronic registry shall be used for all documents
submitted via the on-line service.
15 Application for Business Name Re-registration
(1) An application for re-registration of a business name shall be-
(a) made in the form prescribed in Form 9 and delivered to the Registrar in
person or by post if submitted by paper; or
(b) submitted to the Registry via on-line service.
(2) Where the Registrar has no record of the business to be re-registered, the
Registrar shall advise the applicant in a written communication of the need to
produce evidence of a prior business name registration sufficient for the
Registrar to determine that the business name was previously registered.
(3) Upon receipt of a proper application re-registration that Registrar shall cause
the applicant to be issued a certificate of re-registration.
Registration of Business Names Regulations
2014 SCHEDULE 1
to Page 11
SCHEDULE 1
(SECTION 21(A) OF THE ACT)
PRESCRIBED FEES
Item
Activity
Fee ($TOP)
Due date
1. Application for Re-Registration of
Business Name
No charge Not applicable
2. Application for Business Names
Registration submitted via paper
50 Upon submission
of application
3 Application for Business Names
Registration submitted via on-line services
25 Upon submission
of application
4. Statement of renewal of business name
registration submitted via paper
20
5 Statement of renewal of business name
registration submitted via on-line services
10 Upon filing
6. Registration of changes via Amendment of
Business Names registration and/or
Certificate submitted via paper
20 Upon filing
7 Registration of change via Amendment of
Business Names registration and/or
Certificate submitted via on-line services
10 Upon filing
8. Inspection of physical Business Names
Register maintained at the Ministry
10/per name Prior to
inspection
9. Paper copies from the physical Business
Names Register maintained at the Ministry
1 /per page Upon providing
copies
10. Online inspection of electronic database
that contains the Business Names
Register
No charge
11. Certification by the Registrar of a
Business Names Register record
100 Upon providing
certification
12.
Late fee for filing required amendment to
business names register
20 Upon filing of
amendment
13. Late fee for filing Statement of Renewal 20 Upon filing of
Notice
14 Reinstatement fee after cancellation of
business name registration
50 Upon
reinstatement
15. Notice of cessation of business by
registrant
No charge Upon filing
Registration of Business Names Regulations
2014
Page 12 to
SCHEDULE 2
(Section 6(2)(e) of the Act)
BUSINESS ACTIVITIES
1 Services
2 Professional Services
3 Manufacturing/Processing
4 Agriculture
5 Fisheries
6 Entertainment/catering
7 Financial institution
8 Telecommunication
9 Information Technology
10 Liquor Sales
11 Therapeutic Goods Sale
12 Flammable Goods Sale
13 Transportation (non-taxi)
14 Taxi Service
15 Recycling Service
16 Retail
17 Distribution
18 Tourism
19 Construction
20 Export
21 Import
22 Other (must specify on application)
Registration of Business Names Regulations
2014 FORMS
to Page 13
FORMS
FORM 1 | APPLICATION FOR REGISTRATION OF BUSINESS NAME
Section 6, Business Names Act 2013
Note
If there is insufficient space on the form to supply the information
required, attach a separate sheet
containing the information set out in the prescribed format.
The information on this form must be either typewritten or printed legibly in BLOCK letters.
1. Proposed business name
Note: the business name may not be identical or almost identical to the name of another active
business name, active local or foreign company, active reservation of company name, or any other
active registered entity. The business name may not mislead the public about the nature of the
business and must not be deceptive or offensive.
2. Addresses
Principal place of business
This is the primary address at which
business is conducted. It must be a
specific street/location. A PO Box
is not allowed
Additional places where
business is conducted
If there is more than one additional location at which business is conducted
please attach a separate sheet
If there are more than three additional locations at which business will be conducted please attach a separate
sheet containing the information set out in the prescribed format. All addresses should be in BLOCK letter
format.
Island group:
Island Group:
Island Group:
For official use only
Island group:
Registration of Business Names Regulations
2014
Page 14 to
Postal address (if different)
Postal address to which
communications from
the Registrar may be sent.
Email address
If an email is provided this is the address to which
communications from the Registrar will be sent.
An email is required to use the on-line filings services.
3. Details of owners
Provide the true name and business address of each person or entity that has an ownership or other
control interest in the business to be transacted under the business name. The following rules
apply:
i. If the owner(s) is a natural person, you must provide their full legal name and other
pertinent information in subpart A.
ii. If the owner is an unregistered partnership, list the names of the individual partners in
Subpart A.
iii. If the owner(s) is an entity registered in the Kingdom of Tonga under another law, you
must provide the exact registered name and registration number together with the other
required information in Subpart B.
iv. If the owner(s) is an unregistered legal entity (for example, a trust), you must provide the
true legal name and type of entity, together with the other required information in
Subpart C.
A. OWNERS that are natural persons
Email address:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Postal address:
Island Group:
Registration of Business Names Regulations
2014 FORMS
to Page 15
B. Owners that are registered entities in the Kingdom of Tonga
C. Owners that are entities but that are not registered in the Kingdom of
Tonga
If there are more natural persons, registered entities or non-registered entities that are owners
please attach a separate sheet containing the information set out in the prescribed format. All
names should be in BLOCK letter format.
4. Nominee or trustee owners
Are any owners acting on behalf of third parties? Yes No
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Registration of Business Names Regulations
2014
Page 16 to
If “Yes” is checked than attach a separate sheet to this application that lists the full legal name of the
third party and explains the relationship between the owner(s) listed on this application and the
third party.
5. General description of business activity
The following is the principal activity to be carried out under this proposed business:
6. Date of commencement of business activity under this business name
The date may not be more than three months after the date of registration
7. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: …………………………
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
8. Lodged by
Other contact details:
9. Checklist
The following must accompany this form:
If there are additional owners that are not able to fit on this form then their names must appear on an
attached sheet in BLOCK format.
If there are beneficial owners then their names must appear on an attached sheet.
Services Entertainment/
catering
Therapeutic Goods
Sale
Retail
Professional
Service
Financial Institutions Flammable Goods
Sale
Distribution
Manufacturin
g/ Processing
Telecommunication Transportation
(non-taxi)
Tourism
Agriculture Information
technology
Taxi service Construction
Fisheries Liquor Sales Recycling service Export
Import Others (must specify)
Name:
Address:
Email (optional):
Telephone:
/ /
/ /
Registration of Business Names Regulations
2014 FORMS
to Page 17
If a person who has an ownership or other control interest in the business is not resident in the country,
provide a copy of their passport.
The prescribed fee of $50 - Please make cheques payable to ‘Registrar of Business Names’.
Please deliver documents to: Ministry of Commerce, Tourism and Labour
Registration of Business Names Regulations
2014
Page 18 to
FORM 2 | BUSIINESS NAME CERTIFICATE
[stamp insert]
[insert Registrars name]
Registrar of Business Names
Dated at Nuku’alofa this [insert date] day of [insert month, year]
BUSINESS NAME CERTIFICATE
[Insert Business Name]
[Insert Business Name Number]
I hereby certify that [insert business name] was registered
under Section 3 of the Registration of Business Names
Act 2013 on the [insert date].
Owner of Business Name :
Address of Business :
General Nature of Business :
Business Registries Office
Ministry of Commerce, Tourism and
Labour
R
E
G
IS
T
R
A
T
IO
N
Registration of Business Names Regulations
2014 FORMS
to Page 19
FORM 3 | RENEWAL OF BUSINESS NAME REGISTRATION
Section 15, Business Names Act 2013
Note
If there is insufficient space on the form to supply the information
required, attach a separate sheet containing the information
set out in the prescribed format.
The information on this form must be either typewritten or printed legibly in BLOCK letters.
Business Name Registration number
Instructions on completing this renewal to business name registration
This form once completed should reflect all information about the business name registration
as it exists on the date of filing this Form 3. For example, if the business has changed its
address, this Form 3 should show the new address.
2. Addresses
Has there been any change in address (es) for the business name? Yes No
If you answered “Yes” then provide ALL the relevant addresses for the business name
registration as they exist as of the date of filing this Form 3. If you answered “No” then
proceed to item 3.
Principal place of business
This is the primary address at which
business is conducted. It must be a
specific street/location. A PO Box
is not allowed
Additional places where
business is conducted
If there are more than three additional locations at which business will be conducted please attach a separate
sheet containing the information set out in the prescribed format. All addresses should be in BLOCK letter
format.
For official use only
Island group:
Island group:
Island Group:
Island Group:
Registration of Business Names Regulations
2014
Page 20 to
Postal address (if different)
Postal address to which
communications from
the Registrar may be sent.
Email address
If an email is provided this is the address to which
communications from the Registrar will be sent. An
email is required to use the on-line filings services.
3. Details of owners
Has there been any change in ownership of the business name? Yes No
If you answered “Yes” then complete ALL of the information required in this item
3. If you answered “No” then proceed to item 4.
Provide the true name and business address of each person or entity that has an ownership or other
control interest in the business to be transacted under the business name. The following rules
apply:
i. If the owner(s) is a natural person, you must provide their full legal name and other
pertinent information in subpart A.
ii. If the owner is an unregistered partnership, list the names of the individual partners in
subpart A.
iii. If the owner(s) is an entity registered in the Kingdom of Tonga under another law, you
must provide the exact registered name and registration number together with the other
required information in subpart B.
iv. If the owner(s) is an unregistered legal entity (for example, a trust), you must provide the
true legal name and type of entity, together with the other required information in subpart
C.
Note: Email address is optional. However, it is required if you are to be able to use the online
services offered by the registry.
A. Owners that are natural persons
Email address:
Postal address:
Island Group:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Registration of Business Names Regulations
2014 FORMS
to Page 21
B. Owners that are registered entities in the Kingdom of Tonga
C. Owners that are entities but that are not registered in the Kingdom of
Tonga
If there are more natural persons, registered entities or non-registered entities that are owners please
attach a separate sheet containing the information set out in the prescribed format. All names should
be in BLOCK letter format.
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Registration of Business Names Regulations
2014
Page 22 to
4. Nominee or trustee owners
Are any owners acting on behalf of third parties? Yes No
If “Yes” is checked than attach a separate sheet to this application that lists the full legal name of the
third party and explains the relationship between the owner(s) listed on this application and the third
party.
5. Business name activity
Has there been any change in the business activity conducted under the business name?
Yes No
If you answered “Yes” then tick the proper box. If you answered “No” then proceed to
item 6.
The following is now the principal activity carried out under this business name:
6. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: …………………….
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
7. Lodged by
Other contact details:
Services Entertainment/Cate
ring
Therapeutic
Goods Sale
Retail
Professional
Service
Financial
Institutions
Flammable
Goods Sale
Distribution
Manufacturing/Pr
ocessing
Telecommunication Transportation
(non-taxi)
Tourism
Agriculture Information
technology
Taxi service Construction
Fisheries Liquor Sales Recycling
service
Export
Import Other (must specify
on application)
Name:
Address:
Email (optional):
Telephone:
/ /
Registration of Business Names Regulations
2014 FORMS
to Page 23
8. Checklist
The following must accompany this form:
If there are additional owners that are not able to fit on this form then their names must appear on an
attached sheet in BLOCK format.
If there are beneficial owners then their names must appear on an attached sheet.
If a person who now has an ownership or other control interest in the business is not resident in the
country, provide a copy of their passport.
The prescribed fee of $20 - Please make cheques payable to ‘Registrar of Business Names’.
Please deliver documents to: Ministry of Commerce, Tourism and Labour
Registration of Business Names Regulations
2014
Page 24 to
FORM 4 | AMENDMENT OF BUSINESS NAME REGISTRATION
Section 8, Business Names Act 2013
Note
If there is insufficient space on the form to supply the information
required, attach a separate sheet containing the information
set out in the prescribed format.
The information on this form must be either typewritten or printed legibly in BLOCK letters.
1. Current Business Name Registration number
2. New Business Name (if name is changing)
The name may not be the same as an existing business name or the name of another existing
business entity.
Note: this form should restate all current information about the business name
registration after the amendment.
3. Addresses
Provide the relevant addresses for the business name registration as they exist as of the date of
filing this Form 3.
Principal place of business
This is the primary address at which
business is conducted. It must be a
specific street/location. A PO Box
is not allowed
Additional places where
business is conducted
For official use only
Island group:
Island group:
Island Group:
Island Group:
Registration of Business Names Regulations
2014 FORMS
to Page 25
If there are more than three additional locations at which business will be conducted please attach a separate
sheet containing the information set out in the prescribed format. All addresses should be in BLOCK letter
format.
Postal address (if different)
Postal address to which
communications from
the Registrar may be sent.
Email address
If an email is provided this is the address to which
communications from the Registrar will be sent. An
email is required to use the on-line filings services.
4. Details of owners
Provide the true name and business address of each person or entity that has an ownership or other
control interest in the business to be transacted under the business name. The following rules
apply:
i. If the owner(s) is a natural person, you must provide their full legal name and other
pertinent information in subpart A.
ii. If the owner is an unregistered partnership, list the names of the individual partners in
Subpart A.
iii. If the owner(s) is an entity registered in the Kingdom of Tonga under another law, you
must provide the exact registered name and registration number together with the other
required information in Subpart B.
iv. If the owner(s) is an unregistered legal entity (for example, a trust), you must provide the
true legal name and type of entity, together with the other required information in Subpart
C.
Note: email address is optional. However, it is required if you are to be able to use the online
services offered by the registry.
A. Owners that are natural persons
Email address:
Postal address:
Island Group:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Registration of Business Names Regulations
2014
Page 26 to
B. Owners that are registered entities in the Kingdom of Tonga
C. Owners that are entities but that are not registered in the Kingdom of
Tonga
If there are more natural persons, registered entities or non-registered entities that are owners
please attach a separate sheet containing the information set out in the prescribed format. All
names should be in BLOCK letter format.
5. Nominee or trustee owners
Are any owners acting on behalf of third parties? Yes No
If “Yes” is checked than attach a separate sheet to this application that lists the full legal name of the
third party and explains the relationship between the owner(s) listed on this application and the
third party.
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Registration of Business Names Regulations
2014 FORMS
to Page 27
6. General description of business activity
The following is the principal activity to be carried out under this business name:
Services Entertainment/ catering Therapeutic
Goods Sale
Retail
Professional
Service
Financial Institutions Flammable Goods
Sale
Distribution
Manufacturing/
Processing
Telecommunication Transportation
(non-taxi)
Tourism
Agriculture Information technology Taxi service Construction
Fisheries Liquor Sales Recycling service Export
Import Others (must specify
on application)
7. Effective date of amendment
This amendment must be filed within ten (10) working days after the change occurred.
8. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: …………………………
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
9. Lodged by
Other contact details:
10. Checklist
The following must accompany this form:
If there are additional owners that are not able to fit on this form then their names must appear on an
attached sheet in BLOCK format.
If there are beneficial owners then their names must appear on an attached sheet.
Name:
Address:
Email (optional):
Telephone:
/ /
/ /
Registration of Business Names Regulations
2014
Page 28 to
If a person who now has an ownership or other control interest in the business is not resident in the
country, provide a copy of their passport.
The prescribed fee of $20 - Please make cheques payable to ‘Registrar of Business Names’.
Please deliver documents to: Ministry of Commerce, Tourism and Labour
Registration of Business Names Regulations
2014 FORMS
to Page 29
FORM 5 | BUSINESS NAME AMENDMENT CERTIFICATE
[stamp insert]
[insert Registrars name]
Registrar of Business Names
Dated at Nuku’alofa this [insert date]
BUSINESS NAME AMENDMENT CERTIFICATE
[Insert Business Name]
[Insert Business Name Number]
This is to certify that [insert business name] was registered under Section 3 of
the Business Names Act 2013 on the [insert date] and amended its details on the
[insert amended date]. The current certificate after this amendment provides:
Business Name :
Address of Business :
General Nature of Business :
BUSINESS REGISTRY OFFICE
Ministry of Commerce, Tourism and Labour
Registration of Business Names Regulations
2014
Page 30 to
FORM 6 | NOTICE OF CESSATION OF BUSINESS
Section13, Business Names Act 2013
Notes
If there is insufficient space on the form to supply the information required,
attach a separate sheet containing the information set out in the
prescribed format.
The information on this form must be either typewritten or printed legibly
in BLOCK letters
There is no fee to file this notice with the Registrar
1. Business Name Business name registration number
2. Cancellation of business name registration
Date of cancellation of business name registration
Note: the date of cancellation will be the date that this Notice is filed with the Registrar unless a
later date is specified above.
.
3. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: …………………
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
4. Lodged by
Other contact details:
For official use only
/ /
/ /
Name:
Address:
Email (optional):
Telephone:
Registration of Business Names Regulations
2014 FORMS
to Page 31
FORM 7 | BUSINESS NAME CERTIFICATE OF CANCELLATION
[stamp insert]
[insert Registrars name]
Registrar of Business Names
Dated at Nuku’alofa this [insert date]
BUSINESS NAME CERTIFICATE OF CANCELLATION
[Insert Business Name]
[Insert Business Name Number]
This is to certify that [insert business name] was registered under Section 4 of
the Business Names Act 2013 on the [insert date] and is now cancelled from the
register on [insert cancellation date].
Registration Number:
Address:
Owner:
BUSINESS REGISTRIES OFFICE
Ministry of Commerce, Tourism and Labour
Registration of Business Names Regulations
2014
Page 32 to
FORM 8 | APPLICATION FOR REINSTATEMENT OF BUSINESS NAME
REGISTRATION
Section 15, Business Names Registration Act 2013
Note
If there is insufficient space on the form to supply the information
required, attach a separate sheet containing the information
set out in the prescribed format.
The information on this form must be either typewritten or printed legibly in BLOCK letters.
1. Business Name Registration number
The completed Form should show all information about the business name as it exists
on the date of filing this Form.
2. Addresses
Principal place of business
This is the primary address at which
business is conducted. It must be a
specific street/location. A PO Box
is not allowed
Additional places where
business is conducted
If there are more than three additional locations at which business will be conducted please attach a separate
sheet containing the information set out in the prescribed format. All addresses should be in BLOCK
letter format.
For official use only
Island group:
Island group:
Island Group:
Island Group:
Registration of Business Names Regulations
2014 FORMS
to Page 33
Postal address (if different)
Postal address to which
communications from
the Registrar may be sent.
Email address
If an email is provided this is the address to which
communications from the Registrar will be sent. An
email is required to use the on-line filing services.
3. Details of owners
Provide the true name and business address of each person or entity that has an ownership or other
control interest in the business to be transacted under the business name. The following rules
apply:
i. If the owner(s) is a natural person, you must provide their full legal name and other
pertinent information in subpart A.
ii. If the owner is an unregistered partnership, list the names of the individual partners in
Subpart A.
iii. If the owner(s) is an entity registered in the Kingdom of Tonga under another law, you
must provide the exact registered name and registration number together with the other
required information in Subpart B.
iv. If the owner(s) is an unregistered legal entity (for example, a trust), you must provide the
true legal name and type of entity, together with the other required information in
Subpart C.
Note: email address is optional. However, it is required if you are to be able to use the online
services offered by the registry.
A. Owners that are natural persons
Email address:
Postal address:
Island Group:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Registration of Business Names Regulations
2014
Page 34 to
B. Owners that are registered entities in the Kingdom of Tonga
C. Owners that are entities but that are not registered in the Kingdom of
Tonga
If there are more natural persons, registered entities or non-registered entities that are owners
please attach a separate sheet containing the information set out in the prescribed format. All
names should be in BLOCK letter format.
4. Nominee or trustee owners
Are any owners acting on behalf of third parties? Yes No
If “Yes” is checked than attach a separate sheet to this application that lists the full legal name of the
third party and explains the relationship between the owner(s) listed on this application and the
third party.
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Registration of Business Names Regulations
2014 FORMS
to Page 35
5. Business name activity
The following is the principal activity carried out under this business name:
Services Entertainment/
catering
Therapeutic Goods Sale Retail
Professional
Service
Financial
Institutions
Flammable Goods Sale Distribution
Manufacturing/
Processing
Telecommunication Transportation (non-taxi) Tourism
Agriculture Information
technology
Taxi service Construction
Fisheries Liquor Sales Recycling service Export
Import Others (must
specify)
6. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: …………………………
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
7. Lodged by
Other contact details:
8. Checklist
The following must accompany this form:
If there are additional owners that are not able to fit on this form then their names must appear on an
attached sheet in BLOCK format.
If there are beneficial owners then their names must appear on an attached sheet.
If a person who now has an ownership or other control interest in the business is not resident in the
country, provide a copy of their passport.
The prescribed fee of $50 together with any penalty amounts. Please make cheques payable to ‘Registrar
of Business Names’.
Please deliver documents to: Ministry of Commerce, Tourism and Labour
Name:
Address:
Email (optional):
Telephone:
/ /
Registration of Business Names Regulations
2014
Page 36 to
FORM 9 | BUSINESS NAME CERTIFICATE OF REINSTATEMENT
[stamp insert]
[insert Registrars name]
Registrar of Business Names
Dated at Nuku’alofa this [insert date]
BUSINESS NAME CERTIFICATE OF REINSTATEMENT
[Insert Business Name]
[Insert Business Name Number]
[insert business name] was cancelled on the [insert date] and
was reinstated on the Business Name Register under Section 4 of
the Business Names Act 2013 on [reinstate date].
Address of Business :
General Nature of Business :
Date of Registration :
BUSINESS REGISTRIES OFFICE
Ministry of Commerce, Tourism and Labour
R
E
IN
S
T
A
T
E
M
E
N
T
O
F
R
E
G
IS
T
R
A
T
IO
N
Registration of Business Names Regulations
2014 FORMS
to Page 37
FORM 10 | APPLICATION FOR RE-REGISTRATION OF BUSINESS NAME
Section 22 , Business Names Act 2013
Note
If there is insufficient space on the form to supply the information required,
attach a separate sheet containing the information set out in the prescribed
format.
The information on this form must be either typewritten or printed legibly in BLOCK letters.
There is no fee to file this notice with the Registrar.
Note: this form should restate all current information about the business name
registration after the re-registration. If the Registrar has no record of this business
name you will be required to submit evidence of a prior registration.
1. Business Name Registration number
2. Addresses
Principal place of business
This is the primary address at which
business is conducted. It must be a
specific street/location. A PO Box
is not allowed
Additional places where
business is conducted
If there are more than three additional locations at which business will be conducted please attach a separate
sheet containing the information set out in the prescribed format. All addresses should be in BLOCK
letter format.
Postal address (if different)
Postal address to which
communications from
the Registrar may be sent.
For official use only
Island group:
Island group:
Island Group:
Island Group:
Postal address:
Island Group:
Registration of Business Names Regulations
2014
Page 38 to
Email address
If an email is provided this is the address to which
communications from the Registrar will be sent. An
email is required to use the on-line filings services.
3. Details of owners
Provide the true name and business address of each person or entity that has an ownership or other
control interest in the business to be transacted under the business name. The following rules
apply:
i. If the owner(s) is a natural person, you must provide their full legal name and other
pertinent information in subpart A.
ii. If the owner is an unregistered partnership, list the names of the individual partners in
Subpart A.
iii. If the owner(s) is an entity registered in the Kingdom of Tonga under another law, you
must provide the exact registered name and registration number together with the other
required information in Subpart B.
iv. If the owner(s) is an unregistered legal entity (for example, a trust), you must provide the
true legal name and type of entity, together with the other required information in
Subpart C.
A. Owners that are natural persons
B. Owners that are registered entities in the Kingdom of Tonga
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Full legal name:
Address:
Postal address:
Email address:
Nationality:
Gender:
Date of Birth:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Email address:
Registration of Business Names Regulations
2014 FORMS
to Page 39
C. Owners that are entities but that are not registered in the Kingdom of
Tonga
If there are more natural persons, registered entities or non-registered entities that are owners
please attach a separate sheet containing the information set out in the prescribed format. All
names should be in BLOCK letter format.
4. Nominee or trustee owners
Are any owners acting on behalf of third parties? Yes No
If “Yes” is checked than attach a separate sheet to this application that lists the full legal name of the
third party and explains the relationship between the owner(s) listed on this application and the third
party.
5. General description of business activity
The following is the principal activity to be carried out under this proposed business:
Services Entertainment/ catering Therapeutic Goods
Sale
Retail
Professional
Service
Financial Institutions Flammable Goods
Sale
Distribution
Manufacturing/
Processing
Telecommunication Transportation
(non-taxi)
Tourism
Agriculture Information technology Taxi service Construction
Fisheries Liquor Sales Recycling service Export
Import Others (must specify)
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact registered name:
Type of registered entity:
Registration number:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
:
Postal address:
Email address:
Exact name:
Type of entity:
Registration number in home jurisdiction (if applicable):
Postal address:
Email address:
Registration of Business Names Regulations
2014
Page 40 to
6. Signed by authorised person
I certify that the information in this form is true and correct.
Name: Signature: ………………………
(Please give first name(s) followed by surname in BLOCK letters)
Designation: Owner or Authorised person Date:
7. Lodged by
Other contact details:
8. Checklist
The following must accompany this form:
If there are additional owners that are not able to fit on this form then their names must appear on an
attached sheet in BLOCK format.
If there are beneficial owners then their names must appear on an attached sheet.
If a person who has an ownership or other control interest in the business is not resident in the country,
provide a copy of their passport.
Please deliver documents to: Ministry of Commerce, Tourism and Labour
Name:
Address:
Email (optional):
Telephone:
/ /
Registration of Business Names Regulations
2014 FORMS
to Page 41
FORM 11 | BUSINESS NAME CERTIFICATE OF RE-REGISTRATION
[stamp insert]
[insert Registrars name]
Registrar of Business Names
Dated at Nuku’alofa this [insert date]
BUSINESS NAME CERTIFICATE OF RE-REGISTRATION
[Insert Business Name]
[Insert Business Name Number]
This is to certify that [insert business name] was re-registered
under the Business Names Act 2013 on the [insert date].
Address of Business :
General Nature of Business :
Date of Registration :
BUSINESS REGISTRIES OFFICE
Ministry of Commerce, Tourism and Labour
R
E
- R
E
G
IS
T
R
A
T
IO
N
Registration of Business Names Regulations
2014
Page 42 to
Made at Nuku’alofa this 28 day of November 2014.
Lord Tu’ivakano
Prime Minister
