The Registration of Business Names Act, Chapter 499 provides for the cancellation of entries in register where a firm, individual or corporation registered under the Act ceases to carry on business.
It is the duty of the persons who were partners in the firm at the time when it ceased to carry on business, or of the individual or if he is dead of his personal representative, or of the corporation, as the case may be, within three months after the business has ceased to be carried on, to send by registered post or deliver to the Registrar notice in the prescribed form that the firm or individual or corporation has ceased to carry on business.
In the instance that a firm, individual or corporation is bankrupt or in liquidation the notice aforesaid is to be delivered by the receiver, trustee or liquidator, as the case may be.
The notice of cessation of a business that has been registered and is carried on under the business name is lodged through Form BN 6 the Notice of Cessation of Business.
The cost of lodging this application is Kshs. 800 subject to penalties and the registrar issues a Letter of Confirmation. This application is processed by the Registry within 24 hours.
It is important to note that the Certificate of Registration should be submitted for cancellation and the notice is to be signed by the proprietor or by all partners, as the case may be. A director or the secretary can sign for a corporation which is the proprietor or a partner.
REFERENCES
Registration of Business Names Act, Chapter 499
Registration Of Business Names Rules, 1975
