New South Wales Repealed Acts

This legislation has been repealed.

BUSINESS NAMES ACT 1962 - SECT 5

5 Certain business names to be registered

(1) A person shall not either alone or together with other persons carry on business in the State under a business name unless:

(a) the business name consists of the name of that person and the name of each other person, if any, in association with whom that person is so carrying on business, without any addition, or

(b) the business name is registered under this Act in relation to that person and each other person, if any, in association with whom that person is so carrying on business and any provisions of section 12 that are applicable have been complied with by or on behalf of the person or persons in relation to whom the business name is registered.

Maximum penalty: 50 penalty units.

(2) For the purposes of subsection (1) of this section, and of subsection (2) of section 5A, the name of a person consists of:

(a) in the case of an individual-the person’s full name, or the person’s family name together with:

(i) the person’s Christian or given name or names,

(ii) the initial or initials of the person’s Christian or given name or names,

(iii) a combination of one or more of the person’s Christian or given names and the initial or initials of the person’s remaining Christian or given name or names, or

(iv) the Christian or given name or names by which the person is commonly known or the initial or initials by which the person is commonly known or any combination of one or more of such names and such initials,

(b) in the case of a corporation-the corporate name of the corporation.

(3) The addition to a business name of words indicating that the business is carried on in succession to a former owner of the business shall for the purposes of subsection (1) of this section, and of subsection (2) of section 5A be deemed not to be an addition to the business name.

(4) Where a business is carried on by an official receiver, a trustee in bankruptcy or a trustee under a deed or scheme of arrangement entered into under a law of the Commonwealth relating to bankruptcy, or by a receiver manager or other person appointed by any court, or under the powers contained in any instrument to carry on the business, the business shall for the purposes of this Act be deemed to be carried on by the person or persons who carried on the business immediately before the appointment of the receiver, trustee, manager or other person.

(5) Notwithstanding anything in this Act a contravention of or failure to comply with any provision thereof shall not operate to avoid any agreement transaction act or matter.