• Chapter 3 Chapter 3 Other Powers Of The Registrar

    • 63. Provision Of Misleading Information Etc

      (1) If it appears to the Registrar–
      (a) that misleading information has been given for the purposes of a company’s registration by a particular name, or
      (b) that an undertaking or assurance has been given for that purpose and has not been fulfilled, the Registrar may direct the company to change its name.
      (2) Any such direction–
      (a) must be given within five years of the company’s registration by that name, and
      (b) must specify the period within which the company is to change its name.
      (3) The Registrar may by a further direction extend the period within which the company is to change its name.
      Any such direction must be given before the end of the period for the time being specified.
      (4) A direction under this section must be in writing.
      (5) If a company fails to comply with a direction under this section, a contravention of these Regulations is committed by–
      (a) the company, and
      (b) every officer of the company who is in default.
      For this purpose a shadow director is treated as an officer of the company.
      (6) A person who commits the contravention referred to in subsection (5) shall be liable to a fine of up to level 7.

    • 64. Misleading Indication Of Activities

      (1) If in the opinion of the Registrar the name by which a company is registered gives so misleading an indication of the nature of its activities as to be likely to cause harm to the public, the Registrar may direct the company to change its name.
      (2) The direction must be in writing.
      (3) The direction must be complied with within a period of six weeks from the date of the direction or such longer period as the Registrar may think fit to allow.
      This does not apply if an application is duly made to the Court under the following provisions.
      (4) The company may apply to the Court to set the direction aside.
      The application must be made within the period of three weeks from the date of the direction.
      (5) The Court may set the direction aside or confirm it.
      If the direction is confirmed, the Court shall specify the period within which the direction is to be complied with.
      (6) If a company fails to comply with a direction under this section, a contravention of these Regulations is committed by–
      (a) the company, and
      (b) every officer of the company who is in default.
      For this purpose a shadow director is treated as an officer of the company.
      (7) A person who commits the contravention referred to in subsection (6) shall be liable to a fine of up to level 4.