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Name of Company

limited, liable, authorises, companies, word and registered

NAME OF COMPANY. The Companies (Consolidation) Act, 1908, provides as follows : " Section S. (1) A company may not be registered by a name identical with that by which a company in exist ence is already registered, or so nearly resembling that name as to be calculated to deceive, except where the company in existence is in the course of being dissolved and signifies its consent in such manner as the registrar requires.

" (2) If a company, through inadvertence or otherwise, is, without such consent as aforesaid, registered by a name identical with that by which a com pany in existence is previously registered, or so nearly resembling it as to be calculated to deceive, the first-mentioned company may, with the sanction of the registrar, change its name.

" (3) Any company may, by special resolu tion and with the approval of the Board of Trade signified in writing, change its name.

" (4) Where a company changes its name, the registrar shall enter the new name on the register in place of the former name, and shall issue a certifi cate of incorporation altered to meet the circumstances of the case.

" (5) The change of name shall not affect any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or com menced against it by its new name.

" 63. (1) Every limited company : "(a) shall paint or affix, and keep painted or affixed, its name on the outside of every office or place in which its business is carried on, in a conspicuous position, in letters easily legible : "(b) shall have its name engraven in legible characters on its seal : "(c) shall have its name mentioned in legible characters in all notices, advertisements, and other official publications of the company, and in all bills of exchange. promis sory notes, indorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of the company, and in all bills of parcels, invoices, receipts, and letters of credit of the company.

" (2) If a limited company does not paint or affix, and keep painted or affixed, its name in manner directed by this Act, it shall be liable to a fine not exceeding five pounds for not so painting or affixing its name, and for every day during which its name is not so kept painted or affixed. and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

" (3) If any director, manager, or officer of a limited company, or any person on its behalf, uses or authorises the use of any seal purporting to be a seal of the company whereon its name is not so engraven as aforesaid, or issues or authorises the issue of any notice, advertisement, or other official publication of the company, or signs or authorises to be signed on behalf of the company any bill of exchange, promissory note, indorse ment, cheque, order for money or goods, or issues or authorises to be issued any bill of parcels, invoice, receipt, or letter of credit of the company, wherein its name is not mentioned in manner aforesaid, he shall be liable to a fine not exceeding fifty pounds, and shall further be personally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods, for the amount thereof, unless the same is duly paid by the company." " Limited " must be the last word in a limited company's name. Any persons using the word " limited," unless duly incor porated with limited liability. are liable to a fine not exceeding Z5 a day. (See COMPANY LIMITED BY SHARES.) The omission of the word " limited," as in an acceptance, may render the directors personally liable. Contractions of the word should not be used officially.

Companies or associations which do not exist for profit may be licensed by the Board of Trade as limited companies without the addition of " limited " to the name. (See CHARITABLE COMPANIES, COMPANIES.)