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
