HC Deb 20 July 1950 vol 477 cc2460-1
26. Mr. G. P. Stevens

asked the President of the Board of Trade if he will instruct the registrar of business names to alter the wording of Note 7 of the Section dealing with names in the registrar's leaflet, R.19, in order to remove its mandatory character.

Mr. H. Wilson

In my answer to the hon. Member's Question on 6th July, I explained that the leaflet to which he refers is not a statutory document, and does not purport to be one. It sets out, for the guidance of the public, what is in fact the practice of the Registrar in these matters. This practice is based on the proposition that in the absence of good reasons to the contrary, the use by an applicant of a name which is not his own, is undesirable. I see no reason why either the practice or the wording should be altered.

Mr. Stevens

Does the right hon. Gentleman appreciate that Section 116 (1) of the Companies Act, 1947, places on the Registrar the onus of saying that the name is undesirable, whereas Note No. 7 places the obligation on the applicant to show that the name is desirable? Consequently, this is the converse of the rule that a person is innocent until proved guilty.

Mr. Wilson

I thought it was a good rule that people usually went under their own names and that they had to give a good reason before using other peoples names.

Mr. Stevens

Is it not true that a very large part of the good will of a business consists of the name, so that a purchaser ought to be able to use it?

Mr. Wilson

It is one of the conditions that unless valid reasons can be given no other name can be used.

Sir Herbert Williams

Does that apply to Ministers of the Crown?