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

Companies Administrative Regulations, 1973

23A. Registration of Defensive Name [Section 43(2)]

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An application for the registration of a name as a defensive name shall be lodged on Form CM 8 together with Form CM 5 containing particulars of the name to be registered, as approved by the Registrar, and an application for the renewal of the registration of a name as a defensive name shall be lodged on Form CM 8A, not later than the date upon which the current period of the registration of that name expires: Provided that lodgment of Form CM 5 in respect of the defensive name to be registered is not required if that name is identical to the name of a company, which is to change simultaneously with the registration of the defensive name, or where the name is identical to the name of a company which is in the process of deregistration or under liquidation and the defensive name is registered or prior to the deregistration or dissolution of the company concerned.