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Undesirability stems from – identical names; comparative names; names that are offensive; confusingly similar
Names not to mislead the public – claimed association with established brands; name differ materially from the main business; words suggesting governmental patronage or connection at any level of government; surnames, unless the major shareholder and or the directors bear such surname, former names and nick names are not allowed; Trade mark will only be allowed in the name of a company if the company is the proprietor of such trade mark,
We have currently employed and or deployed Verity K2 6.1.23. Search 97 server to assist with name searches on our companies, close corporations and co-operatives registered and reserved names on database.
This system is mainly character based search which depend solely on special characters and human intervention moreover discretional
In terms of the new Companies Act, the registration number can be used as the initial process in case the name does not go through but that registration number has to be used in conjunction with the words “South Africa” at the end to which the Minister may prescribe additional commonly recognized symbols for use.
Further to the above, in terms of the new Companies Act, the proposed name of a company can be filled together with a Notice of Incorporation or a Notice of Amendment of a company’s Memorandum of Incorporation irrespective of whether the name has been reserved before the filling of such notice.
A company name may comprise of words in any language irrespective of whether or not the words are commonly used including among other things symbols : =,+,&,%
Provisions in the New Companies Act, 2008 . If the Commission has reasonable grounds to believe that the person or applicant of the reserved name have abused the name reservation system by Selling access names, Trading in or Marketing reserved names, repeatedly attempting to reserve for the purpose of selling access to names, or trading in or marketing reserved names, the Commission may apply to court for an order prohibiting the person or persons from applying to reserve any name for a period to be considered by court.
Enterprise Content Management (ECM) which is meaning based search which will automatically conduct search in respect of meaning, phonetic, characters, synonym's, visually, all in alignment with the new Companies Act,
Meaning based system will automatically conduct searches, - Verification process to be employed to verify names approved prior to the name reserved can be received by the applicant, - ECM will further verify the approved name prior to the name going out to the applicant, - SMS’s will be sent to the applicant on the status of his or her name application and all other development pertaining the name, etc
If within a period of one year after the registration of any memorandum, in the opinion of the Registrar the name is undesirable, he shall within such period order the company concerned or the person to change the name. Such decision can only be reviewed in High Court.
If within a period of two years after the registration of any memorandum, the Court may on such application make such order as it deem fit.
In terms of the New Companies Act, Sec 160, A person may apply to the Companies Tribunal in the prescribed manner and form for a determination whether the name satisfies the requirements of Sec 11
LIST OF PROHIBITED NAMES (This list is cannot be exhaustive)