Section 147 - Publication of name by company. - Companies Act, 1956

Publication of name by company. 147. (1) Every company ___ (a) shall paint or affix its name [1] [and the address of its registered office], and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in letters easily legible; and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages; (b) shall have its name engraven in legible characters on its seal; and (c) shall have its name [2] [and the address of its registered office] mentioned in legible characters in all its business letters, in all its bill heads and letter paper, and in all its notices [3] [* * *] and other official publications; [4] [and also have its name so mentioned in all bills of exchange], hundies, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the company, and in all bills of parcels, invoices, receipts and letters of credit of the company. (2) If a company does not paint or affix its name [5] [and the address of its registered office], or keep the same painted or affixed in the manner directed by clause (a) of sub-section (1), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to [6] [five hundred rupees] for not so painting or affixing its name [7] [and the address of its registered office], and for every day during which its name [8] [and the address of its registered office], is not so kept painted or affixed. (3) If a company fails to comply with clause (b) or clause (c) of sub-section (1), the company shall be punishable with fine which may extend to [9] [five thousand rupees]. (4) If an officer of a company or any person on its behalf (a) uses, or authorises the use of, any seal purporting to be a seal of the company whereon its name is not engraven in the manner aforesaid; (b) issues or authorises the issue of, any business letter, bill head, letter paper, notice [10] [* * *] or other official publication of the company wherein [11] [its name and the address of its registered office are] not mentioned in the manner aforesaid; (c) signs or authorises to be signed, on behalf of the company, any bill of exchange, hundi, promissory note, endorsement, cheque or order for money or goods wherein its name is not mentioned in the manner aforesaid; or (d) issues, or authorises the issue of, any bill of parcels, invoice, receipt or letter of credit of the company, wherein its name is not mentioned in the manner aforesaid; such officer or person shall be punishable with fine which may extend to [12] [five thousand rupees], and shall further be personally liable to the holder of the bill of exchange, hundi, promissory note, cheque or order for money or goods, for the amount thereof, unless it is duly paid by the company. ------------------------------- Notes:- [1] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34. [2] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34. [3] The word "advertisements" omitted by section 34, by the Companies (Amendment) Act, 1960, Act 65 of 1960, [4] Substituted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34, ibid, for "and in all bills of exchange". [5] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, Act 65 of 1960, section 34. [6] Substituted for "fifty rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [7] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34. [8] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34. [9] Substituted for "five hundred rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [10] The word "advertisement" omitted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 34. [11] Substituted by the Companies (Amendment) Act, 1960, Act, 65 of 1960. section 34, ibid, for "its name is". [12] Substituted for "five hundred rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000.