Q. What is a Business Name?
A. Business Name means the name or style under which
any business is carried on, whether in partnership or otherwise.
Q. Who can apply for registration?
A. An individual carrying on business as a sole proprietor
or a partnership must register under the Act.
Q. Can anyone register under the Business Names Act?
A. No, the following persons need not be registered:
- Persons who buy and sell livestock
- Persons whose retail businesses are located on premises
whose value does not amount $20.
- Persons occupying public market stalls and paying market
fees.
- Firms established for social or welfare purposes, public
services, religion, charity, education, art, science,
whose income and profits are used solely for that purpose.
Q. Does a Business Name have to be registered before
it can be used?
A. No but, application for registration must be made
within (14) days of operation.
Q. Can any name be registered?
A. No. The Registrar may refuse to register or may remove
from the register any name which contains the word “British”
or any other suggestive connection with British ownership
or control where the ownership of the business is such as
to make the name misleading.
Q. What right does registration of a business name confer?
A.The law does not guarantee the sole use of a Business
Name. The Act states that registration of a Business Name
shall not be construed as authorizing the use of that name
if apart from such registration the use thereof could be
prohibited.
Q. How long does registration last?
A. Indefinitely, subject to the payment of renewal fees
after the third year of registration and thereafter every
three years.
Q. What happens if renewal fees are not paid?
A. The business name may be removed from the Register.
Q. How does one apply for registration?
A. By making application to the Registrar of Companies
at 1 Grenada Way, Kingston 5 on the presented Business Name
form.
Q. What does such an application comprise?
A. A completed BN1 or BN2 form with the appropriate
fee of $2000.00
Q. What help can an applicant
obtain in preparing an application?
A. The Customer Service Staff may be asked to give guidance.
Q. How long does it take to obtain registration of a
Business Name?
A. This will take 3 working days or a day if an expedition
fee is paid
Q. What happens if an owner changes his/her name or
address?
A. Any alteration affecting the business should be notified
to the Registrar on the prescribed form with the appropriate
fee of Two Thousand Dollars ($2000.00).
If the change takes place before the certificate expires
a certificate of change will be granted which is an addendum
to the original certificate.
If the change takes place after the certificate expires,
a completed BN5 form must be submitted and one certificate
noting the change will be issued.
