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Registration of a Business Name

 Registration of a Business Name

 

A Business name must be registered by anyone who wishes to carry on business under any name except his or her own. The proprietors of the business who trade under the business name are responsible for the debts of the business. The application for Business Name registration is accompanied by a fee of K50.00 (plus late fees if required).

 

Completing the Form

 

Part 1. Business Name

 

The name should:

  • define the type of business or identify the proprietor; and not contain word that are misleading or offensive.

  • a Business name cannot include abbreviations such as "Pty Ltd" or "Inc" or words such as "Holdings" or "Group"

  • not be  a name that is already recorded.

 Part 2. Location & Postal Address

 

If the business is located in a:

  • town, the section and allotment number must be stated;

  • building, the section and allotment numbers, name of the building and floor must be stated;

  • settlement, the area or town must be stated; and village, the name of the village, area or district and province must be stated.

Part 2(a) must be completed if the business is carried on at one place only.

Part 2(b) must be completed if the business is carried on at more than one place. If there is insufficient space on the form please attach a separate sheet.

 

Part 3. Must State:
 
  • no more than 2 related activities; which are precise and relate to the business name.

This relates to Part 1(a) and (b) above. For example, the name; "Port Moresby Trucking" is misleading if the activity to be carried on is a Kai Bar; or Lae Building, Electrical, Stationery and Removals" does not sufficiently identify what the activity is being carried on. If more than one activity is to be carried on then a separate application for that name will be required.

 

Part 4. Name and Address
  • Column 1. The name of the applicant, whether a body corporate or an individual must be stated.

  • Column 2. If the applicant has previously been known by any other names they should be stated

  • Column 3. Place of Residence and address of the proprietor. If the applicant is a body corporate, the registered office and address must be shown. In the case of a body corporate or individual residing out of the country, the address of the resident agent should be stated

 Part 5. Date of proposed date of commencement of business


A specific date must be inserted. It is not sufficient to insert phrases such as "as soon as possible". An application may only be lodged within a three-month period from 2 months before the proposed date of commencement and 1 month after the actual date of commencement of business. If the application is lodged more than 2 months before the proposed commencement date it will be rejected.

If the application is lodged within 1 month of the expiry of the 1-month lodging period, a penalty fee of PGK8.00 is charged. If it is lodged after that time the penalty fee is PGK40.00

 

Part 6. Previous Name

 

This should be completed if the applicant previously registered a business name which is similar to this business name or will use the name in substitution for a previous name.

 

Part 7. Resident Agent

 

If the business belongs to an individual or body corporate residing out of the country, he must authorizes a person or body corporate to be his resident agent by completing Form 9 ("Notice of Appointment of Resident Agent").  There is a lodgement fee of K5.00.

 

Changes in Particulars

 

If there a changes in details given in the application for Registration of Business Name certain forms must be lodged with the Registrar.

A Statement of Change in certain particular (Form 4) should be lodged with a fee of PGK50.00 if there is a change in the:

  • postal address;

  • registered Office; or

  • nature of business

A Statement of Change of Person in relation to whom Business Name is registered is lodged with a fee of PGK10.00 when there is a change of proprietors.

Please note that a Business Name once registered cannot be changed.  The only option is to cease registration under the registered name and complete a Notice of Cessation of registration of Business Name (Form 5).  Application for registration of a new name must then be made as set out above.

Period of Registration: Registration of a Business Name is valid for three years.  It must be renewed after that period if the business is still in operation.

Renewal of Registration: Application for Renewal of Registration of Business Name may be lodged within a period of three months commencing 2 months before and ending 1 month after the expiry date.

 

Download Forms

 

 

The Forms are in PDF format which can be viewed/printed with the free Adobe Acrobat Reader.

 

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