The Bridgeport evening farmer., 1917-03-29
ENGLAND FIRMS
MUST REGISTER
BUSINESS names
New British Law Will De-
termine Nationality OF
Owners of Capital

Owners of Capital.
| The Registration of Business Names
Act, 1916, has gone into force IN Eng
land, writes a legal correspondent OF
the Manchester Guardian. Within the
next month, down to- March ~, Whlch
is q period of grace allowed for COM
pliance with the statute, 1t Will De
| necessary for many firms either 10
register or else to change the style,
| composition even: constitution OF
| their business. 1t is, therefore, OF IN
terest to record briefly the main erect
| of the somewhat elaborate and com
| plicated provisions of the new statute.
Substantially, the act applies only
to individuals and firms engaged In
business (Which includes the profess
lsions) and having a ''place of bust
ness in the United Kingdom. The
act does not extend to persons or firms
| that have no place o. business within
| the United Kingdom. Nor does 1t al
feet associations of persons which are
not carried on for profit and therefore
are not partnerships in the CONNER
cial or legal sense, such as MEMBERS
clubs, literary or religious socletles,
or mere co-owners or co-tenants OF
property Again, corporations and
limited companies, whether pubic or
private, do not as a general rule come
within the purview of the enactment
The cases in which a corporation or
company comes within the act and
must register are where lt|carr1es on
business as nominee or trustee for
some one else, or where it acts as gen
eral agent for a foreign firm. (Also
where a company trades in partner
ship with some other persons or COM
panies its name, as a member OF the
partnership firm, wifi have to be dis
closed in the same manner as the
names or surnames of the other part
ners). But apart from these excep-
tional cases a company does not come
under the act; and there is, therefore,
nothing to prevent firm which other
wise would have to- register from
avoiding registration, with its attend
ant disadvantages, by changing itself
| during the next month into limited
company. ~.
| Individuals are Affected
With regard to ordinary persons
and firms, it is important to consider
in what cases registration is and in
what cases it lis not required.
| individual trading on his own account
is. not required to register if he trades
| under a business name which consists
merely of his true surname or which
Lconsists Of his true surname together
with his Christian names or 'fore-
Names or the initials thereof; and to
this may be: added, without need for
registration, an indication that the
business is carried on in succession
to former owner. Thus John Jones
may trade as John JONES' or as 81.
Jones'" or simply. as Zones" or as
"Jones, successor to Brown" without
being registered. If, however, the
business name contains any other or
further addition beyond those specified
above registration becomes necessary;
thus John Jones trading as Zones
| and Co." or as "Jones's' must register.
Again, an individual trading under
fictitious or an assumed name must
register, and it makes no difference
whether the change of name was
made by deed or in any other formal
or informal manner, or whether it was
before or after the act. Indeed, the
only cases in which change of name
does not necessitate registration. are
a. where a woman has changed her
name in consequence of marriage; GiD
where the name of natura1-born Bril-
fish subject has been changed before
the age Of IS; and (iii.) in the case
of peers and analogous titular changes.
How Partnerships Register
Next with regard to firms or part
nerships. AS in the case of individuals,
SO firms need not register if their
business name consists merely of the
fr11n (ui with H.
addition of Christian names or mi
tials) of all the individual partners;
and here also mere addition indicat-
ing succession to a former owner is
permitted. Thus John Jones and Tom
Brown may trade as Zones and
Brown" or ri. Jones and T. Brown,
successors to Robinson and so on,
without being registered. Again,
where two or more individual part
nerS have the same surname an s
may be added to that surname in or
der to represent these; partners in the
plural, without registration, becoming
necessary; thus a firm consisting of
two Browns and a Jones may trade,
without registering as Brown, Brown,
and Jones', or as Browns and Jones'"
But any other or further addition rem
ders registration necessary. Brown,
jones' ana Co. or Brown Brothers.
or Brown and Sons must be regis
tered. So, too, if the firm trades I'M
der a fictitious or descriptive name,
or if any member or the firm has
changed his name with the like ex-
ceptions as those enumerated above in
the case of individually. Thus, ap-
parently, if Mr.. Brown, of the firm of
"Jones and Brown" changes his name
into Smith the firm must register
whether it retains it's original business
name Of Zones and Brown" or wheth-
er it changes that name into Zones
and Smith," y
Must Disclose Trustee
Where a firm, individual or corpor-
alton carries on business as nominee |
AID ENGLAND FIRMS >. :. g1Zed i. |
or trustee for some other person, per- |
sons or corporation (of whatever ma
tionality), or acts as general agent |
for any foreign firm, such nominee, !
trustee or agent must register and sup |
ply various statutory particulars. |!
Hence executors who carry on the |
arrics