Change of name
28.—(1)  A company may by special resolution resolve that its name should be changed to a name by which the company could be registered under section 27(1), (1A) or (1B).
[36/2014]
(2)  If the Registrar approves the name which the company has resolved should be its new name, the Registrar must register the company under the new name and issue to the company a notice of incorporation of the company under the new name and, upon the issue of such notice, the change of name becomes effective.
(3)  Despite anything in this section and section 27, if the name of a company is, whether through inadvertence or otherwise or whether originally or by a change of name —
(a)a name that is not permitted to be registered under section 27(1)(a), (b) or (d);
(b)a name that is not permitted to be registered under section 27(1A) until the expiry of the relevant period mentioned in that section;
(c)a name that is permitted to be registered under section 27(1B) only after the expiry of the relevant period mentioned in that section;
(d)a name that so nearly resembles the name of another company, or a corporation, limited liability partnership, limited partnership or a registered business name of any person as to be likely to be mistaken for it; or
(e)a name the use of which has been restrained by an injunction granted under the Trade Marks Act 1998,
the company may by special resolution change its name to a name that is not referred to in paragraph (a), (b), (c), (d) or (e) and, if the Registrar so directs, must so change it within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled by the Minister.
[36/2014]
(3AA)  The Registrar must not direct a change of name under subsection (3) on the ground that the name of the company could not be registered without contravention of section 27(1)(c).
[36/2014]
(3A)  Any person may apply in writing to the Registrar to give a direction to a company under subsection (3) on a ground referred to in that subsection; but the Registrar must not consider any application to give a direction to a company on the ground referred to in subsection (3)(d) unless the Registrar receives the application within 12 months from the date of change of name of the company.
[36/2014]
(3B)  If the company fails to comply with subsection (3), the company and its officers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and also to a default penalty.
(3C)  [Deleted by Act 36 of 2014]
(3D)  An appeal to the Minister against the following decisions of the Registrar that are made on or after 3 January 2016 may be made by the following persons within the following times:
(a)in the case of the Registrar’s decision under subsection (3) — by the company aggrieved by the decision within 30 days after the decision;
(b)in the case of the Registrar’s refusal to give a direction to a company under subsection (3) pursuant to an application under subsection (3A) — by the applicant aggrieved by the refusal within 30 days after being informed of the refusal.
[36/2014]
(3DA)  The decision of the Minister on an appeal made under subsection (3D) is final.
[36/2014]
(3E)  To avoid doubt, where the Registrar makes a decision under subsection (3) or the Minister makes a decision under subsection (3DA), the Registrar or the Minister (as the case may be) must accept as correct any decision of the Court to grant an injunction referred to in subsection (3)(e).
[36/2014]
(4)  Where the name of a company incorporated pursuant to any corresponding previous written law has not been changed since 29 December 1967, the Registrar must not, except with the Minister’s approval, exercise the Registrar’s power under subsection (3) to direct the company to change its name.
(5)  Upon the application of a company and payment of the prescribed fee, the Registrar must issue to the company a certificate confirming the incorporation of the company under the new name.
[36/2014]
(6)  A change of name pursuant to this Act does not affect the identity of the company or any rights or obligations of the company or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.