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REGISTRATION OF BUSINESS NAMES ACT 1916

REGISTRATION OF BUSINESS NAMES ACT 1916 - LONG TITLE

An Act to provide for the Registration of Firms and Persons
carrying on Business under Business Names and for purposes connected
therewith.{1}
[22nd December 1916]
Firms and persons to be registered.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 1

1. Subject to the provisions of this Act

(a)Every firm having a place of business in the United Kingdom and
carrying on business under a business name which does not consist
of the true surnames of all partners who are individuals and the
corporate names of all partners who are corporations without any
addition other than the true Christian names of individual partners
or initials of such Christian names;

(b)Every individual having a place of business in the United Kingdom
and carrying on business under a business name which does not
consist of his true surname without any addition other than his
true Christian names or the initials thereof;

(c)Every individual or firm having a place of business in the
United Kingdom, who, or a member of which, has either before or
after the passing of this Act changed his name, except in the case
of a woman in consequence of marriage;

[(d)Every company as defined in the Companies Act (Northern Ireland),
1960, carrying on business under a business name which does not
consist of its corporate name without any addition;]

[(e)every corporation incorporated outside Northern Ireland having a
place of business in Northern Ireland and carrying on business under
a business name which does not consist of its corporate name
without any addition;]

Provided that

(i)where the addition merely indicates that the business is carried
on in succession to a former owner of the business, that addition
shall not of itself render registration necessary; and

(ii)where two or more individual partners have the same surname, the
addition of an s at the end of that surname shall not of itself
render registration necessary; and

(iii)where the business is carried on by a trustee in bankruptcy or
a receiver or manager appointed by any court, registration shall not
be necessary; and

(iv)a purchase or acquisition of property by two or more persons as
joint tenants or tenants in common is not of itself to be deemed
carrying on a business whether or not the owners share any profits
arising from the sale thereof.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 2
Registration by nominee, &c.

2. Where a firm, individual, or corporation having a place of
business within the United Kingdom carries on the business wholly or
mainly as nominee or trustee of or for another person, or other
persons, or another corporation, or acts as general agent for any
foreign firm, the first-mentioned firm, individual, or corporation
shall be registered in manner provided by this Act, and, in
addition to the other particulars required to be furnished and
registered, there shall be furnished and registered the particulars
mentioned in the Schedule to this Act:

Provided that where the business is carried on by a trustee in
bankruptcy or a receiver or manager appointed by any court,
registration under this section shall not be necessary.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 3
Manner and particulars of registration.

3.(1) Every firm or person required under this Act to be registered
shall furnish by sending by post or delivering [to the registrar of
companies at his office] a statement in writing in the prescribed
form containing the following particulars:

(a)The business name;

(b)The general nature of the business;

(c)The principal place of the business;

(d)Where the registration to be effected is that of a firm, the
present Christian name and surname, any former Christian name or
surname, the nationality,..., the usual residence, and the other
business occupation (if any) of each of the individuals who are
partners, and the corporate name and registered or principal office
of every corporation which is a partner;

(e)Where the registration to be effected is that of an individual
the present Christian name and surname, any former Christian name or
surname, the nationality,...; the usual residence, and the other
business occupation (if any) of such individual;

(f)Where the registration to be effected is that of a corporation,
its corporate name and registered or principal office;

(g)If the business is commenced after the passing of this Act, the
date of the commencement of the business.

(2) Where a business is carried on under two or more business
names, each of those business names must be stated.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 4
Statement to be signed by persons registering.

4. The statement required for the purpose of registration must in
the case of an individual be signed by him, and in the case of a
corporation by a director or secretary thereof, and in the case of
a firm either by all the individuals who are partners, and by a
director or the secretary of all corporations which are partners or
by some individual who is a partner, or a director or the
secretary of some corporation which is a partner, and in either of
the last two cases must be verified by a statutory declaration made
by the signatory: Provided that no such statutory declaration stating
that any person other than the declarant is a partner, or omitting
to state that any person other than as aforesaid is a partner,
shall be evidence for or against any such other person in respect
of his liability or non-liability as a partner, and that the High
Court or a judge thereof may on application of any person alleged
or claiming to be a partner direct the rectification of the
register and decide any question arising under this section.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 5
Time for registration.

5. The particulars required to be furnished under this Act shall be
furnished within fourteen days after the firm or person commences
business, or the business in respect of which registration is
required, as the case may be: Provided that if such firm or person
has carried on such business before the passing of this Act or
commences such business within two months thereafter, the statement
of particulars shall be furnished after the expiration of two months
and before the expiration of three months from the passing of this
Act, and that if at the expiration of the said two months the
conditions affecting the firm or persons have ceased to be such as
to require registration under this Act, the firm or person need not
be registered so long as such conditions continue.

This section shall apply, in the case where registration is required
in consequence of a change of name, as if for references to the
date of the commencement of the business there were substituted
references to the date of such change.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 6
Registration of changes in firm.

6. Whenever a change is made or occurs in any of the particulars
registered in respect of any firm or person such firm or person
shall, within fourteen days after such change, or such longer period
as the Board of Trade may, on application being made in any
particular case, whether before or after the expiration of such
fourteen days, allow, furnish by sending by post or delivery to the
registrar... a statement in writing in the prescribed form specifying
the nature and date of the change signed, and where necessary
verified, in like manner as the statement required on registration.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 7
Penalty for default in registration.

7. If any firm or person by this Act required to furnish a
statement of particulars or of any change in particulars shall
without reasonable excuse make default in so doing in the manner
and within the time specified by this Act, every partner in the
firm or the person so in default shall be liable on summary
conviction to a fine not exceeding five pounds for every day during
which the default continues, and the court shall order a statement
of the required particulars or change in the particulars to be
furnished to the registrar within such time as may be specified in
the order.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 8
Disability of persons in default.

8.(1) Where any firm or person by this Act required to furnish a
statement of particulars or of any change in particulars shall have
made default in so doing, then the rights of that defaulter under
or arising out of any contract made or entered into by or on
behalf of such defaulter in relation to the business in respect to
the carrying on of which particulars were required to be furnished
at any time while he is in default shall not be enforceable by
action or other legal proceeding either in the business name or
otherwise:

Provided always as follows:

(a)The defaulter may apply to the court for relief against the
disability imposed by this section, and the court, on being
satisfied that the default was accidental, or due to inadvertance,
or some other sufficient cause, or that on other grounds it is
just and equitable to grant relief, may grant such relief either
generally, or as respects any particular contracts, on condition of
the costs of the application being paid by the defaulter, unless
the court otherwise orders, and on such other conditions (if any)
as the court may impose, but such relief shall not be granted
except on such service and such publication of notice of the
application as the court may order, nor shall relief be given in
respect of any contract if any party to the contract proves to the
satisfaction of the court that, if this Act had been complied with,
he would not have entered into the contract;

(b)Nothing herein contained shall prejudice the rights of any other
parties as against the defaulter in respect of such contract as
aforesaid;

(c)If any action or proceeding shall be commenced by any other
party against the defaulter to enforce the rights of such party in
respect of such contract, nothing herein contained shall preclude the
defaulter from enforcing in that action or proceeding, by way of
counterclaim set off or otherwise, such rights as he may have
against that party in respect of such contract.

(2) In this section the expression "court" means the "High Court"
or a judge thereof:

Provided that, without prejudice to the power of the High Court or
a judge thereof to grant such relief as aforesaid, if any
proceeding to enforce any contract is commenced by a defaulter in a
county court, the county court may, as respects that contract, grant
such relief as aforesaid.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 9
Penalty for false statements.

9. If any statement required to be furnished under this Act
contains any matter which is false in any material particular to
the knowledge of any person signing it, that person shall, on
summary conviction, be liable to imprisonment... for a term not
exceeding three months, or to a fine not exceeding twenty pounds,
or to both such imprisonment and fine.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 10
Duty to furnish particulars to Board of Trade.

10.(1) The Board of Trade may require any person to furnish to the
Board such particulars as appear necessary to the Board for the
purpose of ascertaining whether or not he or the firm of which he
is partner should be registered under this Act, or an alteration
made in the registered particulars, and may also in the case of a
corporation require the secretary or any other officer of a
corporation performing the duties of secretary to furnish such
particulars, and if any person when so required fails to supply
such particulars as it is in his power to give, or furnishes
particulars which are false in any material particular, he shall on
summary conviction be liable to imprisonment... for a term not
exceeding three months or to a fine not exceeding twenty pounds or
to both such imprisonment and fine.

(2) If from any information so furnished it appears to the Board
of Trade that any firm or person ought to be registered under this
Act, or an alteration ought to be made in the registered
particulars, the Board may require the firm or person to furnish to
the registrar the required particulars within such time as may be
allowed by the Board, but, where any default under this Act has
been discovered from the information acquired under this section, no
proceedings under this Act shall be taken against any person in
respect of such default prior to the expiration of the time within
which the firm or person is required by the Board under this
section to furnish particulars to the registrar.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 11
Registrar to file statement and issue certificate of registration.

11. On receiving any statement or statutory declaration made in
pursuance of this Act the registrar shall cause the same to be
filed, and he shall send by post or deliver a certificate of the
registration thereof to the firm or person registering and the
certificate or a certified copy thereof shall be kept exhibited in
a conspicuous position at the principal place of business of the
firm or individual, and if not kept so exhibited, every partner in
the firm or the person, as the case may be, shall be liable on
summary conviction to a fine not exceeding twenty pounds.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 12
Index to be kept.

12. At each of the register offices herein-after referred to the
registrar shall keep an index of all the firms and persons
registered at that office under this Act.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 13
Removal of names from register.

13.(1) If any firm or individual registered under this Act ceases
to carry on business, it shall be the duty of the persons who
were partners in the firm at the time when it ceased to carry on
business or of the individual or if he is dead his personal
representative, within three months after the business has ceased to
be carried on, to send by post or deliver to the registrar notice
in the prescribed form that the firm or individual has ceased to
carry on business, and if any person whose duty it is to give
such notice fails to do so within such time as aforesaid, he shall
be liable on summary conviction to a fine not exceeding twenty
pounds.

(2) On receipt of such a notice as aforesaid the registrar may
remove the firm or individual from the register.

(3) Where the registrar has reasonable cause to believe that any
firm or individual registered under this Act is not carrying on
business he may send to the firm or individual by registered post
a notice that, unless an answer is received to such notice within
one month from the date thereof, the firm or individual may be
removed from the register.

(4) If the registrar either receives an answer from the firm or
individual to the effect that the firm or individual is not
carrying on business or does not within one month after sending the
notice receive an answer, he may remove the firm or individual from
the register.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 14
Misleading business names.

14.(1) Where any business name under which the business of a firm
or individual is carried on contains the word "British" or any
other word which, in the opinion of the registrar, is calculated to
lead to the belief that the business is under British ownership or
control, and the registrar is satisfied that the nationality of the
persons by whom the business is wholly or mainly owned or
controlled is at any time such that the name is misleading, the
registrar shall refuse to register such business name or, as the
case may be, remove such business name from the register, but any
person aggrieved by a decision of the registrar under this provision
may appeal to the Board of Trade, whose decision shall be final.

(2) The registration of a business name under this Act shall not
be construed as authorising the use of that name if apart from
such registration the use thereof could be prohibited.[

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 15
Registrar.

15. The registrar of companies shall be the registrar of business
names, and the office for the registration of companies in Belfast
shall be the office for the registration of business names.]

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 16
Inspection of statements registered.

16. ... any person may inspect the documents filed by the registrar
on payment of such fees as may be prescribed not exceeding [5p]
for each inspection; and any person may require a certificate of
the registration of any firm or person, or a copy of or extract
from any registered statement to be certified by the registrar or
assistant registrar, and there shall be paid for such certificate of
registration, certified copy, or extract such fees as may be
prescribed not exceeding [10p] for the certificate of registration,
and not exceeding [3 new pence] for each folio of seventy-two words
of the entry, copy, or extract.

A certificate of registration, or a copy of or extract from any
statement registered under this Act, if duly certified to be a true
copy or extract under the hand of the registrar or one of the
assistant registrars (whom it shall not be necessary to prove to be
the registrar or assistant registrar), shall, in all legal
proceedings, civil or criminal, be received in evidence.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 17
Power for Board of Trade to make rules.

17.(1) The Board of Trade may make rules (but as to fees with the
concurrence of the Treasury) concerning any of the following matters:

(a)The fees to be paid to the registrar under this Act, so that
they do not exceed the sum of [25p] for the registration of any
one statement;

(b)The forms to be used under this Act;

(c)The duties to be performed by any registrar under this Act;

(d)The performance by assistant registrars and other officers of acts
by this Act required to be done by the registrar;

(e)Generally the conduct and regulation of registration under this
Act, and any matters incidental thereto.

(2) All fees payable in pursuance of any such rules shall be
applied as the Treasury may direct.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 18
Publication of true names, &c.

18.(1) ... Every individual and firm required by this Act to be
registered shall, in all trade catalogues, trade circulars, showcards,
and business letters, on or in which the business name appears and
which are issued or sent by the individual or firm to any person
in any part of His Majesty's dominions, have mentioned in legible
characters

(a)in the case of an individual, his present Christian name or the
initials thereof and present surname, any former Christian name or
surname, his nationality if not British,...; and

(b)in the case of a firm, the present Christian names, or the
initials thereof and present surnames, any former Christian names and
surnames, and the nationality if not British, ... of all the
partners in the firm or, in the case of a corporation being a
partner, the corporate name.

(2) If default is made in compliance with this section the
individual or, as the case may be, every member of the firm shall
be liable on summary conviction for each offence to a fine not
exceeding five pounds:

Provided that no proceedings shall in... Ireland be instituted under
this section except by or with the consent of the Board of Trade.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 19
Offences by corporations.

19. Where a corporation is guilty of an offence under this Act
every director, secretary, and officer of the corporation who is
knowingly a party to the default shall be guilty of a like offence
and liable to a like penalty.

S.20 rep. by 1968 c.32 s.18 sch.4

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 21
Remuneration for duties under this Act.

21. There shall be paid out of moneys to be provided by Parliament
such remuneration in respect of the duties performed under this Act
as the Treasury may assign.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 22
Interpretation of terms.

22. In the construction of this Act the following words and
expressions shall have the meanings in this section assigned to
them, unless there be something in the subject or context repugnant
to such construction:

"Firm" shall mean an unincorporate body of two or more individuals,
or one or more individuals and one or more corporations, or two or
more corporations, who have entered into partnership with one another
with a view to carrying on business for profit, but shall not
include any unincorporated company which was in existence on the
second day of November eighteen hundred and sixty-two:

"Business" shall include profession:

"Individual" shall mean a natural person and shall not include a
corporation:

"Christian name" shall include any forename:

"Initials" shall include any recognised abbreviation of a Christian
name:

In the case of a peer or person usually known by a British title
different from his surname, the title by which he is known shall
be substituted in this Act for his surname:

References in this Act to a former Christian name or surname..., in
the case of a married woman, shall not include the name or surname
by which she was known previous to the marriage:

References in this Act to a change of name shall not include, ...,
in the case of a peer or a person usually known by a British
title different from his surname, the adoption of or succession to
the title:

"Business name" shall mean the name or style under which any
business is carried on, whether in partnership or otherwise:

"Foreign firm" shall mean any firm, individual, or corporation whose
principal place of business is situate outside His Majesty's
dominions:

"Showcards" shall mean cards containing or exhibiting articles dealt
with, or samples or representations thereof:

"Prescribed" shall mean prescribed by rules made in pursuance of
this Act.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 24
Application to Ireland.

24. In the application of this Act to Ireland the expression
"trustee in bankruptcy" shall be construed as including an assignee
in bankruptcy and a trustee of the estate of an arranging debtor.

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 25
Short title.

25. This Act may be cited as the Registration of Business Names
Act, 1916.$$#

SAILORS AND SOLDIERS (GIFTS FOR LAND SETTLEMENT) ACT 1916

SAILORS AND SOLDIERS (GIFTS FOR LAND SETTLEMENT) ACT 1916 - LONG
TITLE

An Act to authorise the acceptance and administration by certain
Government Departments and Local Authorities of Gifts for the
settlement or employment on land of men who have served in His
Majesty's Forces.
[22nd December 1916]
Power to accept and administer gifts for settlement of ex-sailors
and soldiers on land.

SAILORS AND SOLDIERS (GIFTS FOR LAND SETTLEMENT) ACT 1916 - SECT 1

1.(1) It shall be lawful for the Board of Agriculture and Fisheries
or for the council of any county or county borough to accept any
gift by will or otherwise to be applied wholly or mainly for the
settlement or employment in agriculture on land in England or Wales
of men who have served in any of His Majesty's naval or military
forces, and to hold any land or estate or interest in land, the
subject of any such gift and to administer the trusts affecting the
gift, and for the purpose of those trusts to borrow money on the
security of the trust property, so, however, that all expenses
incurred by the Board or the council in relation to any such trust
shall be defrayed out of the trust property or the proceeds or
income thereof, or out of money borrowed on the security of the
trust property:

Proviso spent

(4) Subsection (1) of this section shall apply to Ireland subject
to the following modifications:

For references to the Board of Agriculture and Fisheries, [to the
council of any county or county borough] and to land in England
and Wales, references to the Department of Agriculture and Technical
Instruction for Ireland, [to any district council established under
the Local Government Act (Northern Ireland) 1972] and to land in
Ireland shall be respectively substituted.

SAILORS AND SOLDIERS (GIFTS FOR LAND SETTLEMENT) ACT 1916 - SECT 2
Short title and saving.

2.(1) This Act may be cited as the Sailors and Soldiers (Gifts for
Land Settlement) Act, 1916.

(2) Nothing in this Act shall be construed as prejudicing any right
of accepting gifts which any such department or council as aforesaid
may possess independently of this Act.