Registration of Business Names Regulations 2014

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Registration of Business Names Regulations 2014




C
T

REGISTRATION OF BUSINESS NAMES

REGULATIONS 2014


Registration of Business Names
Regulations 2014 Arrangement of Sections





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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





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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





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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





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“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





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(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
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2014





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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





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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





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(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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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





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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:

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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:

/ /

/ /




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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





































































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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:

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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





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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:

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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

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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:

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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

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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:

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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


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Made at Nuku’alofa this 28 day of November 2014.






Lord Tu’ivakano

Prime Minister

Related Laws