(1) The word “Limited” “Corporation”, “Incorporated”, “Societe Anonyme”, or “Sociedad Anonima” or the abbreviation “Ltd”, “Corp”, “Inc.” or “S.A.”, or the equivalent term in any language must be part of the name of an international business company, and an international business company may use and be legally designated by either the full or the abbreviated form.
(1A) Despite subsection (1), the name of an international business company engaged in business as an incorporated cell company or an incorporated cell shall contain the letters “ICC” or “IC” as appropriate.
(2) A company shall not be incorporated under this Act under a name that—
(a) is identical with that under which a company in existence is already incorporated under this Act or registered under the Companies Act or so nearly resembles the name as to be calculated to deceive, except where the company in existence gives its consent;
(b) contains the words “Assurance”, “Bank”, “Building Society”, “Chamber of Commerce”, “Chartered”, “Cooperative”, “Fund”, “Imperial”, “Insurance”, “Municipal”, “Royal”, “Trust” or a word conveying a similar meaning; or (Amended by Act 13 of 2012)
(c) other word that, in the opinion of the Registrar, suggests or is calculated to suggest—
(i) the patronage of Her Majesty or that of a member of the Royal family,
(ii) a connection with Her Majesty's Government or a department thereof, or
(iii) a connection with a municipality or other local authority or with a society or body incorporated by Royal Charter,
except with the approval or, in the approval in writing, of the Registrar;
(d) is indecent, offensive or, in the opinion of the Registrar, objectionable.
(3) An international business company—
(a) may amend its memorandum and articles to change its name;
(b) shall amend its memorandum and articles to comply with the requirement of section 10(1A) where it amends its memorandum and articles under section 9(1)(b).
(4) If an international business company is incorporated under a name that—
(a) is identical with a name of another international business company in existence or a company registered under the Companies Act; or
(b) so nearly resembles the name of another international business company or a company registered under the Companies Act as to be calculated to deceive,
the Registrar may without the consent of the international business company or company in existence, give notice to the last registered international business company to change its name and if it fails to do so within 60 days from the date of the notice, the Registrar shall amend the memorandum and articles of the international business company to change its name to a name which the Registrar is satisfied is appropriate, and the Registrar shall publish notice of the change in the Gazette.
(5)
(a) Subject to subsections (2) and (4), where an international business company changes its name, the Registrar shall enter the new name on the Register in place of the former name, and shall issue a certificate of amendment indicating the change of name and shall cause notice of the change to be published in the Gazette.
(b) After the issue of the certificate of amendment under subparagraph (a) the memorandum of the company to which the certificate relates is amended accordingly on the date shown on the certificate.
(6) A change of name does not affect any rights or obligations of an international business company, or render defective any legal proceedings by or against a company, and all legal proceedings that have been commenced against the international business company by its former name may be continued against it by its new name.
(7) Subject to subsection (2) and payment of the prescribed fee the Registrar may, upon a request made by any person, reserve for up to 30 days a name for future adoption by an international business company under this Act.
(8) Where under this Act an international business company is required to lodge with the Registrar any instrument, certificate or document or a certified copy thereof and the same is not written in the English language, but is written in a foreign language, alphabet, or characters, subject to the foregoing provisions of this Act the Registrar will accept the same, provided it is accompanied by a certified translation thereof.
(9) For the purposes of the administration of this Act, the name of an international business company as it appears in the certified translation shall be the name which is registered under this Act, but for all other purposes the international business company shall be deemed to be also registered with the name expressed in the foreign language, alphabet or characters.
(10) Despite anything contained in this section, an international business company that is continued under this Act is entitled to be continued with the name it lawfully had before that continuance if there is no other company registered under this Act or the Companies Act in that name.
(11) The name of an international business company contained in its memorandum and articles shall end with the words “International Business Company” or the abbreviation “IBC”.
(Amended by Act 43 of 2006)