Power of Commissioner to require change of charity’s name
7.—(1) The Commissioner may, with respect to a charity to which this subsection applies, give a direction requiring the name of the charity to be changed, within such period as is specified in the direction, to such other name as the charity trustees may determine with the approval of the Commissioner.
(2) Subsection (1) shall apply to a charity if —
(a)
it is a registered charity and its name (referred to in this Act as the registered name) is the same as, or is in the opinion of the Commissioner too like, the name, at the time when the registered name was entered in the register in respect of the charity, of any other charity (whether registered or not);
(b)
the name of the charity is in the opinion of the Commissioner likely to mislead the public as to the true nature of —
(i)
the purposes of the charity as set out in its trusts; or
(ii)
the activities which the charity carries on under its trusts in pursuit of those purposes;
(c)
the name of the charity includes any word or expression which in the opinion of the Commissioner is likely to mislead the public in any respect as to the status of the charity;
(d)
the name of the charity is in the opinion of the Commissioner likely to give the impression that the charity is connected in some way with the Government or any public authority, or with any other body of persons or any individual, when it is not so connected; or
(e)
the name of the charity is in the opinion of the Commissioner offensive,
and any reference in this subsection to the name of a charity is, in relation to a registered charity, a reference to the name by which it is registered.
(3) Any direction given by virtue of subsection (2)(a) shall be given within 12 months of the time when the registered name was entered in the register in respect of the charity.
(4) Any direction given under this section with respect to a charity shall be given to the charity trustees; and on receiving any such direction the charity trustees shall give effect to it notwithstanding anything in the trusts of the charity.
(5) Where the name of any charity is changed under this section, it shall be the duty of the charity trustees to notify the Commissioner, within 7 days after such change or such longer period as the Commissioner may, in his discretion, allow, of the new name of the charity and of the date on which the change occurred.
[26/2001 wef 01/03/2002]
(6) A change of name by a charity under this section shall not affect any rights or obligations of the charity; and any legal proceedings that might have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.
(7) Any reference in this section to the charity trustees of a charity shall, in relation to a charity which is a company, be read as a reference to the directors of the company.
(8) Where any direction is given under this section with respect to a charity which is a company, the direction shall be taken to require the directors of the company to take the necessary steps to effect the change of the name of the company, including applying to the Registrar of Companies for the reservation and approval of the new name under section 27 or 378 of the Companies Act [Cap. 50], as the case may be.
(9) Nothing in this section shall apply to an exempt charity.
