COMPANIES (NORTHERN IRELAND) ORDER 1978

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COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 121



121.(1) Subject to paragraph (2), the Department may, if it is of opinion that
it is or would be undesirable for a Part X company to carry on business in
Northern Ireland under its corporate name, cause a notice to that effect to be
served on the company by the registrar of companies.

(2) No notice shall be served on a company under paragraph (1) later than six
months after the relevant date or, if that date is before the coming into
operation of this Article, later than six months after the coming into
operation of this Article; and in this paragraph "relevant date" means the
date on which the company has complied with

(a)section 356 of the principal Act (documents to be delivered for
registration by Part X company when establishing a place of business in
Northern Ireland); or

(b)if there has been a change in its corporate name, section 358(2) of that
Act (return to be delivered for registration by Part X company where corporate
name is changed).

(3) A Part X company on which a notice is served under paragraph (1) may
deliver to the registrar of companies for registration a statement in the
prescribed form specifying a name approved by the Department other than its
corporate name under which it proposes to carry on business in Northern
Ireland and may, after that name has been registered, at any time deliver to
the registrar for registration a statement in the prescribed form specifying a
name approved by the Department other than its corporate name in substitution
for the name previously registered.

(4) The name by which a Part X company is for the time being registered under
paragraph (3) shall for all purposes of the law applying in Northern Ireland
(including the Registration of Business Names Act 1916) be deemed to be the
corporate name of the company.

(5) Paragraph (4) shall not affect references to the corporate name of the
company in this Article or 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
corporate name or its name previously registered under this Article may be
continued or commenced against it by its name for the time being so
registered.

(6) A Part X company on which a notice is served under paragraph (1) shall not
at any time after the expiration of two months from the service of that notice
carry on business in Northern Ireland under its corporate name.

(7) If paragraph (6) is contravened, the company and every officer or agent of
the company who knowingly and wilfully authorises or permits the contravention
shall be guilty of an offence and liable on conviction on indictment to a fine
and on summary conviction to a fine not exceeding #40 for every day during
which the contravention continues.

(8) Nothing in paragraph (6) shall invalidate any transaction entered into by
the company.

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Northern Irish Legislation

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 121