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70 Publication of name

Publication of name

Section 121(1) states that the name of the company (whether or not it is carrying on business under a business name) in legible romanized letters and the company number of the company shall appear on –

(a) its seal; and

(b) all business letters, statements of account, invoices, official notices, publications, bills of exchange, promissory notes, endorsements, cheques, orders, receipts and letters of credit of or purporting to be issued or signed by or on behalf of, the company, and if default is made in complying with this subsection the company shall be guilty of an offence against this Act.

It is noted that from the Act that where a company has changed its name pursuant to Section 23, the former name of the company shall also appear beneath its present name on all documents, business letters, statements of account, invoices, official
notices, publications, bills of exchange, promissory notes, endorsements, cheques, orders, receipts and letters of credit of, or purporting to be issued or signed by or on behalf of, the company for a period of not less than twelve months from the date of
the change, and if default is made in complying with this subsection the company shall be guilty of an offence against this Act.

Section 121(2) stipulates that if an officer of a company or any person on its behalf-

(a) uses or authorizes the use of any seal purporting to be a seal of the company whereon its name does not so appear;

(b) issues or authorizes the issue of any business letter, statement of account, invoice, official notice or publication of the company wherein its name and former name (if applicable) is not so mentioned; or

(c) signs issues or authorizes to be signed or issued on behalf of the company any bill of exchange, promissory note, cheque or other negotiable instrument or any endorsement, order, receipt or letter of credit wherein its name and former name (if applicable) is not so mentioned,

he shall be guilty of an offence against this Act, and where he has signed, issued or authorized to be signed or issued on behalf of the company any bill of exchange, promissory note or other negotiable instrument or any endorsement thereon or order wherein that name and former name (if applicable) is not so mentioned, he shall in addition be liable to the holder of the instrument or order for the amount due thereon unless it is paid by the company.

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Publication of name Copyright © 2011 by Wawasan Open University. All Rights Reserved.

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