REGISTRATION
OF BUSINESS NAMES (AMENDMENT No. 2) (JERSEY)
LAW 2000
____________
A LAW to amend further the
Registration of Business Names (Jersey) Law 1956, sanctioned by Order of Her
Majesty in Council of the
14th
day of JUNE 2000
____________
(Registered
on the 30th day of June 2000)
____________
STATES
OF JERSEY
____________
The 22nd day of February 2000
____________
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE 1
In
the Registration of Business Names (Jersey)
Law 1956, as amended
-
(a) in sub-paragraph (a) of
paragraph (1) of Article 5
for the words
“Judicial Greffier” there shall be substituted the word
“registrar”;
(b) there shall be
substituted for Article 10
the following
Article -
“ARTICLE 10
False
information and failure to supply information
(1) Any person who
knowingly or recklessly provides the registrar or any other person entitled to
information under this Law with information that is false or misleading in a
material particular shall be guilty of an offence if the information is
provided -
(a) in purported compliance
with a requirement imposed under this Law or any Order made thereunder;
(b) otherwise than as
mentioned in sub-paragraph (a) of this paragraph but in circumstances in
which the person providing the information intends, or could reasonably be
expected to know, that the information would be used by the registrar for the
purpose of carrying out his functions under this Law.
(2) Any person who
knowingly or recklessly provides the registrar or any other person with
information that is false or misleading in a material particular shall be
guilty of an offence if the information is provided in connection with an
application for registration under this Law.
(3) A person guilty of an
offence under paragraph (1) or (2) of this Article shall be liable to
imprisonment for a term not exceeding five years or a fine, or both.”;
(c) for sub-paragraph (b)
of paragraph (1) of Article 16
there shall be
substituted the following sub-paragraph -
“(b) obtain a copy of all or part of a
certificate of registration issued under this Law, a copy of all or part of a
document filed under this Law or a certified copy of such a certificate,
document or part.”;
(d) for paragraph (2) of
Article 16
there shall be
substituted the following paragraph -
“(2) Such a copy, if certified in
writing by the registrar (whose position it is unnecessary to prove) to be an
accurate copy of the certificate, document or part, shall in all proceedings be
admissible in evidence as of equal validity with the original and as evidence
of any fact stated in it of which direct oral evidence would be
admissible.”;
(e) in Article 16A
there shall be
inserted after paragraph (3) the following paragraphs -
“(4) The registrar may refuse to carry
out any function for or with respect to the carrying out of which a fee is
prescribed under this Article in any case where the fee for the carrying out of
the function has not been paid.
(5) The registrar may
remove from the register a firm, or individual, in respect of the registration
of the name of which a fee prescribed under this Article has remained unpaid
for two months after it was due in accordance with an Order under this
Article.”;
(f) there shall be
substituted for Article 20
the following
Article -
“ARTICLE 20
Connivance,
abetting etc.
“(1) Where an offence under this Law
committed by a limited liability partnership or body corporate is proved to
have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of -
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty
of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) of this Article shall
apply in relation to acts and defaults of a member in connection with his
functions of management as if he were a director of the body corporate.
(3) Any person who aids,
abets, counsels or procures the commission of an offence under this Law shall
also be guilty of the offence and liable in the same manner as a principal
offender to the penalty provided for that offence.
(4) Nothing in paragraph
(3) of this Article affects the operation of paragraph (1) or (2) of this
Article.”.
ARTICLE
2
(1) This Law may be cited
as the Registration of Business Names (Amendment No. 2) (Jersey)
Law 2000.
(2) This Law shall come
into force on such day as the States may by Act appoint and different days may
be appointed for different provisions or different purposes of this Law.
C.M.
NEWCOMBE
Deputy
Greffier of the States.