NORTHERN TERRITORY LAWS: ALIENS
REGISTRATION OF BUSINESS NAME OF FIRM. ONE OF THE MEMBERS AN ALIEN
NORTHERN TERRITORY ACCEPTANCE ACT 1910. s. 7: WAR PRECAUTIONS ACT REPEAL ACT 1920, s. 7: REGISTRATION OF FIRMS ACT 1899 (S.A.), ss. 4, 5
The Secretary, Home and Territories Department, forwards the following telegram from the Administrator of the Northern Territory for advice;
Registrar of companies inquiring if application for registration firm consisting A., B., C. and D. can be granted. D. Russian subject others British all equal shareholders draft Ordinance as sent under cover your [communication] is returned to you by this mail with immaterial alteration please advise.
The War Precautions Regulations relating to the registration of firms ceased to operate on 31 December 1921 (see War Precautions Act Repeal Act 1920-1921, section 7). Consequently, the registration of firms in the Northern Territory is now governed by the Registration of Firms Act 1899, of the State of South Australia, which is in force in the Territory by virtue of section 7 of the Northern Territory Acceptance Act 1910-1919.
Section 4 of the Registration of Firms Act reads as follows: From and after the commencement of this Act-
- Every firm carrying on business or having any place of business in South Australia under a firm-name which does not consist of the full or the usual names of all the partners or all the acting partners without any addition;
- Every person carrying on business or having any place of business in South Australia under any firm-name consisting of or containing any name or addition other than the full or the usual name of that person:
shall register, in the manner directed by this Act, the name under which their or his business is or is intended to be carried on.
Section 5 provides that the registration is to be effected by sending a statement containing certain information to the Registrar.
I can find no provision in the Act which would prevent the registration of a firm on the ground that one of the members was an alien, and I am of opinion, therefore, that, unless there are other grounds of objection, the application can be granted.
[Vol. 19, p. 48]