Companies Act, 1973 (Act No. 61 of 1973)

Chapter IV: Formation, Objects, Capacity, Powers, Names, Registration and Incorporation of Companies

Names of Companies

44. Change of name and effect thereof
Purchase cart Previous page Return to chapter overview Next page

 

 

1)
a)Any company may by special resolution change its name to a name which is not, in the opinion of the Registrar, undesirable.
b)Where a company changes its name, it shall at the same time, if the translated name or shortened form of the name or translated name of the company has been registered under section 43(3), and such translated name or shortened form is no longer applicable to the name of the company as changed, apply on the prescribed form and on payment of the prescribed fee—
i)to change such translated name to a shortened form of the name or translated name to a new translated name or shortened form of the name or translated name approved by the Registrar, or
ii)to deregister such former translated name or shortened form of the name or translated name of the company.

 

2)Where the name, translated name or shortened form of the name or translated name of a company is changed, the Registrar shall enter the new name, translated name or shortened form of the name or translated name in the register in place of the former name, translated name or shortened form of the name or translated name, issue a certificate of incorporation altered to meet the circumstances of the case or a certificate that the new name, translated name or shortened form of the name or translated name, has been entered in the register in place of the former name, translated name or shortened form of the name or translated name and give notice of the change of name, translated name or shortened form of the name or translated name in the prescribed manner.

 

3)A change of name of a company shall not affect any rights, debts, liabilities or obligations of the company, nor render defective any legal proceedings by or against the company, and any legal proceedings that could have been continued or commenced by or against it prior to such change of name, may, notwithstanding such change of name, be continued or commenced by or against the company under its new name.

 

4)Upon the production by a company of an amended certificate of incorporation or a certificate of the change of the name of such company or a certified copy thereof to any registrar or other officer charged with the maintenance of a register under any Act, and on compliance with the requirements of such registrar or officer as to the form of application, if any, and the payment of any prescribed fee, such registrar or other officer shall make in his register all such alterations as are necessary by reason of the change of the name of the company.

 

5)[Sub-section (5) deleted by section 3 of Act No. 111 of 1976.]