CHAPTER 213
BUSINESS NAMES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

    Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Registrar and deputies.

   4.   Firms and persons to be registered.

   5.   Registration by nominee, etc.

   6.   Manner and particulars of registration.

   7.   Statement to be signed by persons registering.

   8.   Time for registration.

   9.   Restriction on registration of certain business names.

   10.   Registration not to authorise use.

   11.   Registration of changes in firm.

   12.   Rectification of the register in certain cases.

   13.   Penalty for default in registration.

   14.   Penalty for carrying on business under unauthorised name.

   15.   Disability of persons in default.

   16.   Penalty for false statements.

   17.   Duty to furnish particulars to the Registrar.

   18.   Registrar to file statement and issue certificate of registration.

   19.   Index to be kept.

   20.   Removal of names from register.

   21.   Inspection of statements registered.

   22.   Power of Minister to make rules.

   23.   Publication of true names, etc.

   24.   Offences by corporations.

   25.   Forms.

SCHEDULE

CHAPTER 213
THE BUSINESS NAMES ACT

An Act to provide for the registration of firms, individuals and coporations carrying on business under a business name and to provide for other related matters.

[21st February, 1930]

Ords. Nos.
1 of 1930
37 of 1955
Acts Nos.
4 of 1975
13 of 1991
3 of 2012

1.   Short title Act No. 3 of 2012">

   This Act may be cited as the Business Names Act.

2.   Interpretation Ord. No. 37 of 1955; Act No. 3 of 2012 s. 6">

   In this Act unless the context otherwise requires–

   "business" includes every trade and profession;

   "business name" means the name or style under which any business is carried on, whether in partnership or otherwise;

   "carrying on business" includes establishing a place of business and soliciting or procuring any order from any person in Tanzania;

   "corporation" means any legal person that possess a corporate personality status;

   "correspondence address" includes e-mail, fax, website and telephone numbers;

   "firm" means an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carry on business for profit;

   "foreign firm" means any firm, individual or corporation whose principal place of business is not situated within Tanzania;

   "individual" means a natural person and shall not include a corporation;

   "initials" includes any recognised abbreviation of a name.

   In the case of a peer or person usually known by a British title different from his surname, the title by which he is known shall be substituted in this Act for his surname;

   References in this Act to a former name or surname shall not, in the case of natural-born British subjects, include a former name or surname where that name or surname has been changed or disused before the person bearing the name has attained the age of eighteen years, and, in the case of a married woman, shall not include the name or surname by which she was known previous to the marriage;

   References in this Act to a change of name shall not include, in the case of natural-born British subjects, a change of name which has taken place before the person whose name has been changed has attained the age of eighteen years; or, in the case of a peer or a person usually known by a British title different from his surname, the adoption of or succession to the title;

   "Minister" means the Minister responsible for trade;

   "the Registrar" means the Registrar or any of the Deputy Registrars performing the functions of registration of business names under this Act;

   "showcards" means cards containing or exhibiting articles dealt with, or samples or representations thereof;

   "surname" in relation to a peer or person usually known by a title different from his surname, means that title.

3.   Registrar and deputies G.N. No. 478 of 1962 Sch.; Act No. 3 of 2012 s. 3">

   (1) The Minister may appoint a Registrar, Deputy Registrar and such Assistant Registrars as may, from time to time, be required for the purposes of this Act.

   (2) Every Deputy and Assistant Registrar may, subject to the directions of the Registrar, perform any act or discharge any duty which the Registrar may lawfully do or is required by this Act to do, and for such purpose shall have all the powers, privileges and authority of the Registrar.

4.   Firms and persons to be registered Act No. 24 of 1975 Sch.">

   Subject to the provisions of this Act–

   (a)   every firm having a place of business in Tanzania and carrying on business under a business name which does not consist of the true surnames of all partners who are individuals and the corporate names of all partners who are corporations without any addition other than the true names of individual partners or initials of such names;

   (b)   every individual having a place of business in Tanzania and carrying on business under a business name which does not consist of his true names or the initials thereof;

   (c)   every corporation having a place of business in Tanzania and carrying on business under a business name which does not consist of the corporate name of the corporation without any addition;

   (d)   every individual or firm having a place of business in Tanzania who, or a member of which has either before or after the passing of this Act changed his name, except in the case of a woman in consequence of marriage,

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