Clause 23

by deleting subsection (1) and substituting the following subsection:“(1) A company may by special resolution resolve that its name should be changed to a name by which the company could be registered under section 27(1), (1A) or (1B).”;

by deleting subsection (3) and substituting the following subsection:“(3) Notwithstanding anything in this section and section 27, if the name of a company is, whether through inadvertence or otherwise or whether originally or by a change of name —

a name that is not permitted to be registered under section 27(1)(a), (b) or (d);

a name that is not permitted to be registered under section 27(1A) until the expiry of the relevant period referred to in that section; (c)a name that is permitted to be registered under section 27(1B) only after the expiry of the relevant period referred to in that section;

a name that so nearly resembles the name of another company, or a corporation, limited liability partnership, limited partnership or a registered business name of any person as to be likely to be mistaken for it; or

a name the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332),the company may by special resolution change its name to a name that is not referred to in paragraph (a), (b), (c), (d) or (e) and, if the Registrar so directs, shall so change it 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.”;

by inserting, immediately after subsection (3), the following subsection:“(3AA) The Registrar shall not direct a change of name under subsection (3) on the ground that the name of the company could not be registered without contravention of section 27(1)(c).”;

by deleting the words “subsection (3)(b)” in subsection (3A) and substituting the words “subsection (3)(d)”;

by deleting subsection (3C);

by deleting subsection (3D) and substituting the following subsections:“(3D) An appeal to the Minister against the following decisions of the Registrar that are made on or after the date of commencement of section 23 of the Companies (Amendment) Act 2014 may be made by the following persons within the following times:

in the case of the Registrar’s decision under subsection (3), by the company aggrieved by the decision within 30 days after the decision; and

in the case of the Registrar’s refusal to give a direction to a company under subsection (3) pursuant to an application under subsection (3A), by the applicant aggrieved by the refusal within 30 days after being informed of the refusal.(3DA) The decision of the Minister on an appeal made under subsection (3D) is final.”; and

by deleting subsection (3E) and substituting the following subsection:“(3E) For the avoidance of doubt, where the Registrar makes a decision under subsection (3) or the Minister makes a decision under subsection (3DA), the Registrar or the Minister, as the case may be, shall accept as correct any decision of the Court to grant an injunction referred to in subsection (3)(e).”.