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- Is amended by Business Laws (Miscellaneous Amendments) Act, 2012
- Is amended by Finance Act, 2022
- Is amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2021
Tanzania
Business Names (Registration) Act
Chapter 213
- Published in Tanzania Government Gazette
- Commenced on 21 February 1930
- [This is the version of this document as it was at 31 July 2002 to 26 July 2012.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
1. Short title
This Act may be cited as the Business Names (Registration) Act.2. Interpretation
In this Act unless the context otherwise requires—"business" includes profession;"business name" means the name or style under which any business is carried on, whether in partnership or otherwise;"firm" means 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 carry on business for profit;"foreign firm" means any firm, individual or corporation whose principal place of business is not situated within Tanzania;"individual" means a natural person and shall not include a corporation;"initials" includes any recognised abbreviation of a 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 name or surname shall not, in the case of natural-born British subjects, include a former name or surname where that name or surname has been changed or disused before the person bearing the name has attained the age of eighteen years, and, 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 natural-born British subjects, a change of name which has taken place before the person whose name has been changed has attained the age of eighteen years; or, 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;"Minister" means the Minister responsible for commerce;"showcards" means cards containing or exhibiting articles dealt with, or samples or representations thereof.3. Registrar and deputies
4. Firms and persons to be registered
Subject to the provisions of this Act—5. Registration by a nominee, etc.
Where a firm, individual or by corporation having a place of business within Tanzania 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 the 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 Schedule mentioned in the Schedule to this Act:Provided that where the business is carried on by a receiver, manager or trustee appointed by any court, registration under this section shall not be necessary.6. Manner and particulars of registration
7. Statement to be signed by persons registering
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.8. Time for registration
9. Restriction on registration of certain business names
10. Registration not to authorise use
The registration of a firm, individual or corporation under this Act shall not be construed as authorising the use of a business name if apart from such registration the use thereof could be prohibited.11. Registration of changes in firm
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 twenty-eight days after such change or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such twenty-eight days, allow, sending by post or deliver 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.12. Rectification of the register in certain cases
13. Penalty for default in registration
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 upon conviction be liable to a fine not exceeding two hundred shillings 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.14. Penalty for carrying on business under unauthorised name
If the firm, individual or corporation carries on business under a business name in respect of which such firm, individual or corporation has been refused registration under section 9 or which the Registrar has required to be changed under section 12, every partner in the firm or the individual or the corporation, as the case may be, commits an offence under this Act of and upon conviction be liable to a fine not exceeding one thousand shillings for every day during which the offence continues:Provided that no partner commits an offence under this section if he shall satisfy the court that the business was so carried on without his knowledge or consent and that its being so carried on was not facilitated by any neglect on his part.15. Disability of persons in default
16. Penalty for false statements
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, upon conviction, be liable to imprisonment of either description for a term not exceeding twelve months, or to a fine not exceeding fifty thousand shillings, or to both such fine and imprisonment.17. Duty to furnish particulars to the Registrar
18. Registrar to file statement and issue certificate of registration
On receiving any statement or statutory declaration made in pursuance of this Act, the Registrar shall, subject to the provisions of section 9 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 certified copy thereof shall be kept in a conspicuous position at the principal place of business of the firm or individual, and if not kept Schedule so exhibited every partner in the firm, or the person as the case may be, shall be liable upon conviction to a fine not exceeding five thousand shillings.19. Index to be kept
At the register office, the Registrar shall keep an index of all the firms and persons registered at that office under this Act.20. Removal of names from register
21. Inspection of statements registered
22. Power of Minister to make rules
The Minister may make rules concerning any of the following matters—23. Publication of true names, etc.
24. Offences by corporations
Where a corporation commits an offence under this Act every Director, Secretary, and officer of the corporation who is knowingly a party to the default commits a like offence and is liable to a like penalty.History of this document
01 July 2022 amendment not yet applied
Amended by
Finance Act, 2022
11 October 2021 amendment not yet applied
27 July 2012 amendment not yet applied
31 July 2002 this version
Consolidation
21 February 1930
Commenced
Cited documents 0
Documents citing this one 16
Judgment 8
Government Notice 5
Act 3
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Subsidiary legislation
Title
|
|
---|---|
Kanuni za Marekebisho ya Kanuni za Umiliki Manufaa za Mwaka 2024 | Government Notice 148 of 2024 |
Kanuni za Umiliki Manufaa za Mwaka 2023 | Government Notice 714 of 2023 |
Business Names (Registration) Rules, 2014 | Government Notice 127 of 2014 |
Business Names (Registration) Rules, 1930
Revoked
|
Government Notice 101 of 1930 |