Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 40

40. (1) A person may apply in the prescribed form to the Commission for the
reservation in the Territory of a name set out in the application as the name
of an intended company.

(2) Subject to sub-section (3), if-

   (a)  the Commission is satisfied that an application made under sub-section
        (1) for the reservation of a name is made in good faith; and

   (b)  the name is available for reservation in the Territory, the Commission
        shall reserve the name for a period of 2 months from the date of
        lodgment of the application, and, where the Commission so reserves the
        name, the name shall be deemed to have been reserved from that date.

(3) Where-

   (a)  an application is made under sub-section (1) for the reservation of a
        name;

   (b)  the application states that it is desired to reserve that name in a
        participating State or participating Territory; and

   (c)  the name is not available for reservation in that State or Territory,
        the Commission shall not reserve the name.

(4) Where-

   (a)  a name is reserved under this section in respect of an intended
        company; and

   (b)  the Commission registers the company by that name under section 35,
        the Commission shall register the name of the company in the Territory
        and, where the Commission so registers the name, the name ceases to be
        reserved under this section.

(5) Where a name has been reserved under this section in respect of an
intended company and-

   (a)  the name was not available for reservation in the Territory or in a
        State or Territory specified in the application for reservation as
        mentioned in paragraph (3) (b); or

   (b)  the person who applied for the reservation of the name notifies the
        Commission in writing that he no longer desires the name to be
        reserved, the Commission shall cancel the reservation of the name.

(6) The reservation of a name under this section in respect of an intended
company does not of itself entitle the intended company to be registered by
that name.

(7) The registration of a name under this section remains in force until the
registration is cancelled by the Commission.