Page:Business Names Registration Act 2014.pdf/38

Rh :(c) an individual can be located at an address if the individual may be physically found at the address after reasonable attempts have been made to find the individual at the address.

Disability of persons in default

31.—(1) Subsection (2) applies where a person (the defaulter) who is required to be registered—
 * (a) carries on business under a business name without being registered under this Act in respect of that business name;
 * (b) carries on business under a business name—
 * (i) after the person’s registration in respect of the business name has been cancelled and has not been restored under section 24; or
 * (ii) after the person’s registration in respect of the business name has ceased and has not been restored under section 24; or
 * (c) fails to lodge any notice required under section 19(1) or 20(1) or (3).

(2) Subject to subsections (3) and (4), the defaulter may not enforce by action or other legal proceeding (whether in the business name or otherwise) any right under or arising out of any contract in relation to the business carried on by the defaulter under the business name if the contract was made or entered into by or on behalf of the defaulter at a time when—
 * (a) the defaulter was not registered as carrying on business under the business name;
 * (b) the defaulter’s registration under the business name had been cancelled or had ceased, and has not been restored under section 24; or
 * (c) the defaulter was, in respect of the defaulter’s registration under the business name, in breach of section 19(1) or 20(1) or (3).