New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 18

18 Cancellation of registration in relation to person in whose name business name is registered

(1) The Director-General may amend the registered particulars with respect to a registered business name so as to remove the name of a person in whose name the business name is registered:

(a) if the person is found guilty or convicted of a prescribed offence within the meaning of section 8, or

(b) if the requirements of section 15 have not been complied with in relation to the person.

(2) The Director-General may also amend the registered particulars with respect to a registered business name so as to remove the name of a person in whose name the business name is registered:

(a) if the person has not carried on business in New South Wales during the previous 2 months, and

(b) if the Director-General is of the opinion that the person does not intend to carry on business in New South Wales in the immediate future.

(3) Action may not be taken under this section with respect to a business name unless the Director-General:

(a) has caused notice of the proposed action (including reasons for the proposed action) to be given to the person whose name is proposed to be removed, and

(b) has given that person at least 28 days within which to make written submissions to the Director-General in relation to the proposed action, and

(c) has taken all such submissions into consideration.