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Companies (Amendment) Decree 2013

GOVERNMENT OF FIJI

COMPANIES (AMENDMENT) DECREE 2013
(DECREE NO. 26 OF 2013)

IN exercise of the powers vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority of Fiji Decree 2009, I hereby make the following Decree—

TO AMEND THE COMPANIES ACT (CAP. 247)

Short title and commencement

1. This Decree may be cited as the Companies (Amendment) Decree 2013, and shall come into force on the date of its publication in the Gazette.

New section inserted

2. The Companies Act (Cap. 247) is amended by inserting the following new section after section 22—

"Powers of the Registrar to direct a company to change its name

22A.—(1) The Registrar may, by notice in writing, direct a company to change its name if—

(a) the name should not have been registered; or

(b) the company ceases to be permitted to use or assume the name.

(2) The company must comply with the directions of the Registrar in subsection (1) within 14 days of the notice.

(3) If the company does not comply with the directions of the Registrar, the Registrar may change the name of the company to any name determined by the Registrar in his or her discretion.

(4) The Registrar shall enter the new name of the company on the register in place of the former name, and shall issue to the company a certificate of change of name.

(5) Upon issuance of the certificate in subsection (4), the Registrar shall publish the change of name in the Gazette.

(6) A change of name under this section shall not affect any rights or obligations 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 shall be continued or commenced against it by its new name."

GIVEN under my hand this 17th day of October 2013.

EPELI NAILATIKAU
President of the Republic of Fiji