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Law library · Sierra Leone · The Companies Act, 2009

Section 30, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) Subject to subsection (2) a company may, by specialresolution and with the approval of the Commission, change its name. (2) In the case of a company which has been directed by the Commission to change its name under section 27 that company shall by resolution change its name within such period as may be specified in the direction. 18 19 Prohibited and restricted names. improper use of “limited”. Change of names of (3) If a company, through inadvertence or otherwise, is registered under a name identical with that by which a company in existence is previously registered or so nearly resembling it as to be likely to deceive, the first mentioned company may– (a) with the approval of the Commission signified in writing, change its name; and (b) if the Commission so directs, within six months after the registration, the company concerned shall change its name. (4) If a company defaults in complying with a direction of the Commission given under subsection (2), the company and any director of the company who is cognisant of the default shall be guilty of an offence and be liable on conviction to a fine not exceeding Le500,000 for each day that the default continues. (5) Where a company changes its name, the Registrar shall enter the new name on the register in place of the former name and shall issue a certificate of incorporation altered to meet the circumstances of the case. (6) If the Commission is of the opinion that by reason of any change in the nature of the business carried on by a company the name under which it is registered is misleading or undesirable, it may direct the company to change its name within six weeks of such direction. (7) If at the expiration of the period mentioned in subsection (6), the company has not complied with the direction and has not shown cause for the non-compliance, the Commission may strike its name off the register. (8) Any company or member or creditor of such company aggrieved by a decision of the Commission under subsection (7) may appeal to the High Court for the restoration of the company to the (9) A change of name shall not affect any right or obligation 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 against it by its former name may be continued or commenced against it by its new name. (10) Any change in the name of a company shall be published by the Registrar in the Gazette and in any local newspaper. (11) A publication in the Gazette shall be prima facie evidence of the change of name to which it relates. Articles of association

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