Clause 9

by deleting subsection (2) and substituting the following subsection:“(2) Notwithstanding anything in this section and section 28 (other than section 28(4)), where the Registrar is satisfied that the company has been registered (whether through inadvertence or otherwise and whether before, on or after the date of commencement of section 9(a) of the Companies (Amendment) Act 2005) by a name —

which is referred to in subsection (1);

which so nearly resembles the name of another company or corporation or a business name as to be likely to be mistaken for it; or

the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332),the Registrar may direct the first-mentioned company to change its name, and the company shall comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled by the Minister.”; and

by inserting, immediately after subsection (5), the following subsection:“(5A) For the avoidance of doubt, where the Registrar makes a decision under subsection (2) or the Minister makes a decision under subsection (5), he shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (2)(c).”.