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Article B: Name of the Company
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25. A company may be
registered with any name, subject to the provisions of this Article, and
the provisions of any law. |
Choice of name Notation of Ltd. at the end of
the name of a company |
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26. The name of a company whose shareholders’
liability is limited, as provided in section 35, shall include the notation
“Limited” or “Ltd.” at the end of it.
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27. (a) A company shall
not be registered with a name that is: |
Misleading name
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(1) the name of a corporation lawfully registered in
Israel, or so similar thereto as to be misleading;
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(2) a registered trade mark in respect of goods or
services dealt with for purposes similar to those of the company seeking to be
registered, or a name so similar to it as to be misleading, unless it is proved
to the Registrar that the owner of the trade mark has agreed thereto in writing;
for this purpose, “a registered trade mark” shall have the meaning attributed to
it in the Trade Marks Ordinance [New Version], 1972
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(b) Without derogating
from the provisions of subsection (a), a company shall not be registered with a
name which, in the Registrar’s opinion, might be deceptive or misleading.
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28. A company shall not be registered with a name
that, in the Registrar’s opinion, might be contrary to public policy or to
public sensitivity.
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Name contrary to public policy
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29. (a) Where a company has been registered with a
name that is not permitted under this Article, the Registrar may require the
company to change its name.
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Registrar’s authority to order change of name
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(b) Where the company has not provided the
Registrar with notice of a resolution to change its name within four months from
the date of the requirement set out in subsection (a), the Registrar may change
the name of the company to such name as he may choose.
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(c) Where the Registrar decides to change the name
of the company, he shall send the company a certificate of change of name, and
the change shall be considered to have been made in accordance with a resolution
of the company and the Registrar.
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(d) The Minister may lay down provisions regarding
the publication of a change of name.
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30. The court may, on
the application of the company, order any person taking the company’s name or a
name so similar to it as to mislead, or, on the application of any person harmed
by the registration of a company with a name contravening the provisions of
section 27, order the company, to cease using the name, unless the court is
convinced that the defendant’s right to use the name takes precedence over the
applicant’s right.
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Injunction
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31. (a) A company may,
with the approval of the Registrar, change its name, and the provisions of
sections 25 to 30 shall apply, mutatis mutandis, to the resolution to
change the name and to the requested name.
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Change of name
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(b) Where the Registrar
has approved the change of name by the company, the Registrar shall register the
new name in place of the previous name, and shall give the company a certificate
of change of name.
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