Sri Lanka Consolidated Acts

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Business Names Act (No. 7 of 1987) - Sect 9

Section - 9

9.
(1) Whenever a change is made or occurs in any of in the particulars registered in respect of any firm or person such firm or person shall furnish in duplicate a fresh statement of the particulars required under section 5 specifying every particular in which a change has been made together with the nature and date of such change, along with the last issued certificate of registration or a certified copy thereof.
(2) A statement of particulars under subsection (1) shall be in such form as may be prescribed and shall be furnished within thirty days of such change and shall be signed-
(a) in the case of an individual by him ;
(b) in the case of a corporation by the director or the secretary thereof ; and
(c) in the case of a firm by all the partners or by any one partner in which event such statement shall be verified by an affidavit sworn to by that partner,
(3) Where any change in the particulars arises from the entry into a firm of a new partner the statement under subsection (1) shall be signed by each partner including such new partner,
(4) Where any change arises in the particulars furnished under paragraph (f) or paragraph, (g) of subsection (1) of section 5 in respect of any partner of a firm such statement shall be signed by that partner.
(5) Where any change in the particulars arises by a person ceasing to be a partner of a firm a statement under subsection (1) shall be signed either-
(a) by each of the continuing partners and the person who ceases to be a partner; or
(b) by each continuing partner, provided the statement be verified by each of the signatories by affidavit as prescribed; or
(c) by the person who ceases to be a partner, provided the statement is verified by him by affidavit as prescribed.
(6) Any affidavit which verifies any statement furnished under this section and which states that any person other than the declarant is a partner or has ceased to be a partner or which omits to state that any person is a partner or has ceased to be a partner shall not be evidence for or against such other person in respect of his liability or non liability as a partner.
(7) The change in particulars contemplated in this section shall also include the simultaneous cessation of all the partners and the admission of new partners so as to continue the business without interruption.
(8) Where the Registrar is of opinion that any particular in any statement furnished under this section requiring verification by affidavit needs further investigation before registration, he may accept the statement subject to investigation and for such purpose may call for additional proof of any material particulars from any other person and hold such inquiry as he may deem necessary.
(9) The Registrar may after due inquiry and having made the necessary rectification of such statement where necessary to the particulars in the said statement register such statement as rectified.
(10) Where the Registrar refuses to register any statement subsequent to an inquiry held under subsection (9) the person aggrieved by such refusal may appeal therefrom to the appropriate District Court within thirty days from the date of the communication of such refusal, and such court shall after due inquiry make such order as it deems fit.


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