Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 43

43. (1) A company 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
to which the company proposes to change its name.

(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 the present name of the company is
        registered in a participating State or participating Territory; and

   (c)  the name in respect of which the application is made 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 a company; and

   (b)  the company changes its name to that reserved name (in this
        sub-section
referred to as the ''new name'') under section 65, the Commission shall
register the new name of the company in the Territory and, where the
Commission so registers the new name-

   (c)  the new name ceases to be reserved under this section; and

   (d)  the Commission shall cancel the registration under this Division of
        the name by which the company was registered before it changed its
        name to the new name.

(5) Where a name has been reserved under sub-section (2) in respect of a
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 company notifies the Commission in writing that it 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 a company does
not of itself entitle the company to change its name to that name.

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