Dáil Éireann debate -
Tuesday, 5 Nov 1963

Vol. 205 No. 6

Registration of Business Names Bill, 1963—Report and Final Stages.

Mr. J. Lynch

I move amendment No. 1:

In page 3, line 37, to delete "addition of an s at the end of" and substitute "use of the plural form of".

This is a simple amendment. Account will have to be taken of occasions when the plural will be used. Originally in order to do this, it was provided that the addition of "s" at the end of the word would be sufficient but account must be taken also of the use of a name in Irish when the addition of the letter "s" would not be the appropriate plural. Hence the necessity for this amendment.

Amendment agreed to.

Mr. J. Lynch

I move amendment No. 2:

In page 7, line 53, after "applies," to insert "its corporate name, and."

This is a simple amendment also to take account of a body corporate doing business. If a body corporate uses a business name, it is essential that its corporate name should appear on the stationery since it is a legal entity and carrying on business under the business name.

Amendment agreed to.

Mr. J. Lynch

I move amendment No. 3:

In page 7, line 56, to add "or, in the case of a body corporate being a director, the corporate name."

This is an amendment to take account of a situation where a director is a body corporate and not a natural person.

Amendment agreed to.

Bill, as amended, received for final consideration.

Question proposed: "That the Bill do now pass."

Mr. Sweetman

The Minister knows my view, that I am not happy about this Bill but it goes without prejudice to my unhappiness.

Mr. O'Sullivan

I wish to know whether it is permissible for people to use the name of a company, without holding shares or without being directors, for the purpose of obtaining credit and using the name in court to obtain certain licences? In consequence of this practice such people obtain a certain amount of goodwill in that respect and there is no redress against them for using the name of the company.It is unfortunate that innocent people suffer from the fact that people have used the name of an established company as a warranty of good faith, obtained credit and lodged moneys in various banks to the name of the company. I realise that this is being examined in the Department of Justice.It is extremely difficult for the persons who suffer from this practice to prove that certain goods and services were obtained through a particular company which they would never have obtained, had they not used its name and been recognised in the district court for this purpose. Would the Minister say whether this is, in fact, a legal operation?

Mr. J. Lynch

I doubt if this Bill would take account of a situation like that but I want to say to the Deputy that the purpose of the Companies Bill and of the Registration of Business Names Bill is to give as much information as possible to the public, especially to the person dealing with a registered company or dealing with a person, not being a company but who uses a business name. The object is to ensure that the person dealing with a company or individual using a business name will have the fullest possible information about those behind that business name.

It would be impossible for these two Bills to provide for every contingency but we have gone as far as it is possible to go. There must be always the over-riding obligation on people in business to ensure that they look after their own interests and make whatever inquiries they can about those with whom they are doing business.

Question put and agreed to.