A LAW to provide for the registration of firms and persons carrying on business under business names, and for purposes connected therewith, sanctioned by Order of Her Majesty in Council of the

1st day of JUNE, 1956.

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(Registered on the 30th day of June, 1956).

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STATES OF JERSEY.

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The 26th day of January, 1956.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law; -

ARTICLE 1

INTERPRETATION

(1) In this Law, 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;

“Christian name” includes any forename;

“the Court” means the Inferior Number of the Royal Court;

“firm” means an unincorporate body of two or more individuals, or one or more individuals and one or more bodies corporate, or two or more bodies corporate, 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 seventeenth day of August, eighteen hundred and sixty-one;

“foreign firm” means any firm, individual or body corporate whose principal place of business is situate outside Her Majesty’s dominions;

“individual” means a natural person and does not include a body corporate;

“initials” includes any recognized abbreviation of a Christian name;

“prescribed” means prescribed by rules made in pursuance of this Law.

(2) 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 Law for his surname.

(3) References in this Law to a former Christian name or surname shall not include a former Christian name or surname where that name or surname was changed or disused before the person bearing the name attained the age of eighteen years or has been changed or disused for a period of not less than twenty years.

(4) References in this Law 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.

ARTICLE 2

FIRMS AND PERSONS TO BE REGISTERED

Subject to the provisions of this Law –

(a) every firm having a place of business in the Island 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 bodies corporate 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 Island 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 Island who, era member of which, has either before or after the commencement of this Law changed his name, except in the case of a woman in consequence of marriage;

(d) every body corporate carrying on business under a business name which does not consist of its corporate name without any addition;

shall he registered in the manner provided by this Law:

Provided that –

(i) where the addition merely indicates that business is carried on in succession to a former owner of the business, that addition shall not 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 person for the time being administering the property of another person by reason of the bankruptcy of that other person, registration shall not be necessary; and

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

ARTICLE 3

REGISTRATION BY NOMINEE, ETC

Where a firm, individual or body corporate having a place of business within the Island carries on the business wholly or mainly as nominee or trustee of or for another person or other persons, or another body corporate, or acts as general agent for any foreign firm, the first-mentioned firm, individual or body corporate shall be registered in the manner provided by this Law, 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 Law:

Provided that where the business is carried on by a person for the time being administering the property of another person by reason of the bankruptcy of that other person, registration under this Article shall not be necessary.

ARTICLE 4

MANNER AND PARTICULARS OF REGISTRATION

(1) Every firm or person required under this Law to be registered shall furnish to the Judicial Greffier 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 at which the business is carried on;

(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 body corporate 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 body corporate, its corporate name and registered or principal office;

(g) if the business is commenced after the coming into force of this Law, 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.

ARTICLE 5

STATEMENT TO BE SIGNED BY PERSONS REGISTERING

(1) The statement required for the purpose of registration must –

(a) in the case of an individual, be signed by him or by some other person who satisfies the Judicial Greffier that he is authorized to sign on behalf of that individual and in this latter case must be verified by an affidavit made by the signatory;

(b) in the case of a body corporate, be signed by a director or the secretary thereof; and

(c) in the case of a firm, be signed either by all the individuals who are partners and by a director or the secretary of all bodies corporate which are partners, or by some individual who is a partner, or by a director or the secretary of some body corporate which is a partner, and in either of the last two cases must be verified by an affidavit made by the signatory:

Provided that no such affidavit stating that any person other than the person making the affidavit 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.

(2) The Court may, on the application of any person alleged or claiming to be a partner, direct the rectification of the register and decide any question arising under this Article.

ARTICLE 6

TIME FOR REGISTRATION

(1) The particulars required to be furnished under this Law 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 coming into force of this Law 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 coming into force of this Law, and that if at the expiration of the said two months the conditions affecting the firm or person have ceased to be such as to require registration under this Law, the firm or person need not be registered so long as such conditions continue.

(2) This Article 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.

ARTICLE 7

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 fourteen days after such change or such longer period as the Judicial Greffier may allow, furnish to the Judicial Greffier 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.

ARTICLE 8

PENALTY FOR DEFAULT IN REGISTRATION

If any firm or person by this Law required to furnish a statement of particulars, or of any change in particulars, without reasonable excuse fails to do so in the manner and within the time specified by this Law, every partner in the firm or the person so in default shall be liable to a fine not exceeding five pounds for every day during which the default continues, and the court having cognizance of the case shall order a statement of the required particulars or change in the particulars to be furnished to the Judicial Greffier within such time as may be specified in the order.

ARTICLE 9

DISABILITY OF PERSONS IN DEFAULT

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

Provided that –

(a) the defaulter may apply to the Court for relief against the disability imposed by this Article and the Court, on being satisfied that the default was accidental, or due to inadvertence 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 Law 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 is 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) Without prejudice to the definition of “Court” in Article 1 of this Law, if any proceeding to enforce any contract is commenced by a defaulter in the Petty Debts Court, that Court may, as respects that contract, grant such relief as aforesaid.

ARTICLE 10

PENALTY FOR FALSE STATEMENTS

If any person knowingly makes a statement required to be furnished under this Law containing any matter which is false in a material particular, he shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding fifty pounds, or to both such imprisonment and fine.

ARTICLE 11

DUTY TO FURNISH PARTICULARS TO JUDICIAL GREFFIER

(1) The Judicial Greffier may require any person to furnish to him such particulars as appear to him to be necessary for the purpose of ascertaining whether or not that person or the firm of which he is a partner should be registered under this Law, or an alteration made in the registered particulars, and may also in the case of a body corporate require the secretary or any other officer of the body corporate 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 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 Judicial Greffier that any firm or person ought to be registered under this Law, or an alteration ought to be made in the registered particulars, the Judicial Greffier may require the firm or person to furnish the required particulars to him within such time as he may allow, but, where any default under this Law has been discovered from the information acquired under this Article, no proceedings under this Law 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 Judicial Greffier under this Article to furnish particulars to him.

ARTICLE 12

JUDICIAL GREFFIER TO FILE STATEMENT AND ISSUE CERTIFICATE OF REGISTRATION

On receiving any statement or affidavit made in pursuance of this Law, the Judicial Greffier shall cause the same to be filed, and shall send or deliver a certificate of the registration thereof to the 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 it is not kept so exhibited, every partner in the firm or the person, as the case may be, shall be liable to a fine not exceeding twenty pounds.

ARTICLE 13

INDEX TO BE KEPT

The Judicial Greffier shall keep an index of all the firms and persons registered under this Law.

ARTICLE 14

REMOVAL OF NAMES FROM REGISTER

(1) If any firm or individual registered under this Law 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 the person charged with the administration of his personal estate, within three months after the business has ceased to be carried on, to send or deliver to the Judicial Greffier a notice in the prescribed form to the effect 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 to a fine not exceeding twenty pounds.

(2) On receipt of such a notice as aforesaid, the Judicial Greffier shall remove the firm or individual from the register.

(3) Where the Judicial Greffier has reasonable cause to believe that any firm or individual registered under this Law 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 will be removed from the register.

(4) If the Judicial Greffier 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 shall remove the firm or individual from the register.

ARTICLE 15

UNDESIRABLE AND MISLEADING BUSINESS NAMES

(1) The Judicial Greffier may refuse to register any business name under this Law or may remove any business name from the register where, in his opinion, the name is undesirable or misleading and, in particular, but without prejudice to the generality of the foregoing –

(a) where the name contains the word “British” or any other word which, in his opinion, is calculated to lead to the belief that the business is under British ownership or control, and he 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; or

(b) where the name contains the word “Jersey” or “Cæsarea” or any variation of those words and he is satisfied that the associations with the Island of the persons by whom the business is wholly or mainly controlled is at any time such that the name is misleading.

(2) Any person aggrieved by a decision of the Judicial Greffier under paragraph (1) of this Article may appeal to the Court, the decision of which shall be final.

(3) Where, under this Article, the registration of a business name is refused or any business name is removed from the register, any person carrying on business under that name in such circumstances as to require registration under this Law shall be liable under Article 8 of this Law to the same penalties as if he had without reasonable excuse failed to furnish a statement of particulars with respect to that name.

(4) The registration of a business name under this Law shall not be construed as authorizing the use of that name if apart from such registration the use thereof could be prohibited.

ARTICLE 16

INSPECTION OF STATEMENTS REGISTERED

(1) Any person may inspect the documents filed by the Judicial Greffier in pursuance of this Law on payment of such fee as may be prescribed by regulations made by virtue of Article 18 of this Law 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 Judicial Greffier and there shall be paid for such certificate of registration, certified copy or extract such fees as may be prescribed by regulations made as aforesaid.

(2) A certificate of registration, or a copy of or extract from any statement registered under this Law, if duly certified to be a true copy or extract under the hand of the Judicial Greffier, shall be received in evidence in all legal proceedings, civil or criminal.

ARTICLE 17

POWER TO MAKE RULES

(1) The Superior Number of the Royal Court may make rules concerning any of the following matters –

(a) the forms to be used under this Law;

(b) the duties to be performed by the Judicial Greffier under this Law;

(c) the conduct and regulation of registration under this Law, and any matters incidental thereto.

(2) Rules made under this Article shall be laid before the States as soon as may be after they are made, and if the States, within the period of twenty-one days beginning with the day on which any such rules are laid before them, resolve that they be annulled, they shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new rules.

ARTICLE 18

FEES1

The power to fix fees conferred upon the States by –

(a) “La Loi (1930) constituant le département du Vicomte”;

(b) “La Loi (1930) constituant le département des Officiers de la Couronne”;

(c) “La Loi (1931) constituant le département du Greffe Judiciaire”;

(d) “La Loi (1936) touchant la rétribution de la charge de Bailli”;

or by any Law, whether passed before or after the coming into force of this Law, amending the said Laws, shall include a power to fix fees for the purposes of this Law.

ARTICLE 19

PUBLICATION OF TRUE NAMES, ETC

(1) Every individual and firm required by this Law to be registered shall, in all trade catalogues, trade circulars and business communications, 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 Her Majesty’s dominions, have mentioned in legible characters –

(a) in the case of an individual, his present Christian names or the initials thereof and present surname, any former Christian name or surname and 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 body corporate being a partner, the corporate name.

(2) If any individual or firm fails to comply with the provisions of this Article, the individual or, as the case may be, every member of the firm shall be liable for each offence to a fine not exceeding five pounds:

Provided that no proceedings shall be instituted under this Article except by or with the consent of the Attorney General.

ARTICLE 20

OFFENCES BY BODIES CORPORATE

Where any offence under this Law committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

ARTICLE 21

SHORT TITLE AND COMMENCEMENT

(1) This Law may be cited as the Registration of Business Names (Jersey) Law, 1956.

(2) This Law shall come into force on the first day of the third month next following that in which it is promulgated.

SCHEDULE

(Article 3)

Description of Firm, etc.

Additional particulars.

Where the firm, individual or body corporate required to be registered carries on business as nominee or trustee

The present Christian name and surname, any former name, nationality, and usual residence or, as the case may be, the corporate name, of every person or body corporate on whose behalf the business is carried on:

Provided that, if the business is carried on under any trust and any of the beneficiaries are a class of children or other persons, a description of the class shall be sufficient.

Where the firm, individual or body corporate required to be registered carries on business as general agent for any foreign firm.

The business name and address of the firm or person as agent for whom the business is carried on:

Provided that, if the business is carried on as agent for three or more foreign firms, it shall be sufficient to state the fact that the business is so carried on specifying the countries in which such foreign firms carry on business.

To be printed, published and posted.

F. DE L. BOIS,

Greffier of the States.

1 Laws mentioned in this Article – repealed by Article 14 of the Departments of the Judiciary and the Legislature (Jersey) Law, 1965 (Volume 1963–1965, page 558).

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Registration of Business Names (Jersey) Law 1956