Secretarial practice

Bibliographic data

Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter III. The memorandum of association

Collection:: Economics Books

THE MEMORANDUM OF ASSOCIATION 13 ls. 17 (1) (c)] while registration by a name containing the words ‘Chamber of Commerce’ is only allowed in the case of a company which is granted a licence under s. 18 (1) to be registered without the addition of the word ‘Limited’ to its name [s. 17 (1) (b)]. Moreover under s. 17 (2) except with the consent of the Board of Trade no company may be registered by a name which contains the words ‘Royal,’ Imperial,” ‘Municipal,’ ‘Chartered’ or ‘Co-operative,’ or hy a name which in the opinion of the Registrar suggests, or is calculated to suggest, the patronage of His Majesty the King or of any member of the Royal Family or connection with His Majesty's Government or any department thereof or with any municipality or other local authority or with any society or body incorporated by Royal Charter. The Registrar is bound to exercise a judicial discretion in determining whether or not a name is calculated to deceive, and, unless his discretion has been wrongly exercised, the Court will not interfere [R. v. Registrar of Companies (1912), 3 K.B. 23]. The registration of the name may be prevented by injunction [Hendricks v. Montagu (1881), 17 Ch. D. 638], or the use of the name after registration may be restricted by injunction [Huntley & Palmer v. Reading Biscuit Co. (1893), 9 Times L.R. 462]. And the Court will grant relief to a foreign company for a colourable imitation of its name in this country, even where the foreign company has no agency in England [Panhard et Levassor v. Panhard Levassor Motor Co. (1901), 2 Ch. 513. See also Twussaud v. Tussaud (1890), 44 Ch. D. 678; Brinsmead & Sons v. Brinsmead, 12 Times L.R. 631, referred to in re T. E. Brinsmead & Sons (1897), 1 Ch., at p. 413; Fine Cotton Spinners v. Cash (1907), 2 Ch. 184; Kingston Mill. Co. v. Thomas Kingston & Co. (1012), r Ch. 575]. A company must also have its name (which, in the case of a limited company, includes the word ‘limited,’ unless a licence has been granted under s. 18, (i)) painted or affixed con- spicuously, in letters easily legible, on the outside of every office or place in which its business is carried on; (ii) engraven in legible characters on its seal; (iii) mentioned in legible characters in all the company’s notices, advertisements, and other official publications; in all bills of exchange, pro- missory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the company; and in all bills of parcels, invoices, receipts, and letters of credit of the company [s. 93 (1)]. There are penalties for default; and further, as regards any bill of exchange, promissory note, cheque, or order for money or

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