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

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

Names of Companies

45. Order to change name
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1)If within a period of one year after the registration of any memorandum, translated name or shortened form of a name or translated name of a company or after the registration or the renewal of the registration of a name referred to in section 43(2) or after the date of an amended certificate of incorporation or a certificate of change of name, translated name or shortened form of a name or translated name referred to in section 44(2), it appears that the name contained in the memorandum or the translated name or shortened form of such name or translated name or the name referred to in section 43(2) or the changed name or translated name or the shortened form of that changed name or translated name referred to in the last-mentioned certificate is in the opinion of the Registrar undesirable, he shall within such period order the company concerned or the person referred to in section 43(2) to change the name, translated name or shortened form of the name or translated name concerned.

 

2)If within a period of one year after the registration of any memorandum, translated name or shortened form of a name or translated name of a company or a name referred to in section 43(2) or after the date of an amended certificate of incorporation or a certificate of change of name, translated name or shortened form of a name or translated name referred to in section 44(2), any person lodges an objection in writing with the Registrar against the name contained in the memorandum or the translated name or shortened form of such name or translated name or the name referred to in section 43(2) or the changed name or translated name or the shortened form of that changed name or translated name referred to in the last-mentioned certificate, on the grounds that such name, translated name or shortened form of a name or translated name is calculated to cause damage to the objector or is undesirable, the Registrar may, if he is satisfied that the objection is sound, order the company concerned or the person referred to in section 43(2) to change the said name, translated name or shortened form of a name or translated name.

 

2A)Within a period of two years after the registration of any memorandum, translated name or shortened form of a name or translated name of a company or a name referred to in section 43(2) or after the date of an amended certificate of incorporation or a certificate of change of name, translated name or shortened form of a name or translated name referred to in section 44(2), a person who has not lodged any relevant objection in terms of subsection (2) may apply to the Court for an order directing the company concerned or the person referred to in section 43(2) to change the said name, translated name or shortened form on the grounds that the said name, translated name or shortened form is undesirable or is calculated to cause damage to the applicant, and the Court may on such application make such order as it deems fit.

 

3)If, at any time, the Registrar is of the opinion that the name of a company, or the translated name or shortened form of a name or translated name of a company, gives so misleading an indication of the nature of its activities as to be calculated to deceive the public, he may order the company concerned to change its name or translated name or the shortened form of its name or translated name, as the case may be.