File 1283/1913 Pt 5 'MESOPOTAMIA TRADE Issue of new Trade Report' [‎33v] (62/270)

APPENDIX V,
PROCLAMATION.
WHEREAS by Sections 12 and 14 of the Code of Commerce it is provided
ttiat the name of partnerships must consist of the names of one or two of the
partners.
And whereas by Section 32 of the Code of Commerce it is provided that an
abstract of the partnership deeds of partnerships under a collective name and
of commandite partnerships must be registered in the Courts.
And whereas many persons have recently formed and are carrying on busi
nesses in partnership without complying with the said provisions of the Code of
Commerce; and individuals are carrying on businesses not in partnership under
false names.
And whereas it is expedient to take steps for the enforcement of the said
provisions of Ihe Code of Commerce and for penalizing individuals who carry
on businesses under false names.
Now, therefore, I, Lieut.-General Sir A. S. Cobbe, T .C., K.C.B.,
K.C.S.I., H.S.O., by virtue of the authority vested in me as Officiating
Commanding-in-Chief His Britannic Majesty’s Eorces in Mesopotamia do
hereby proclaim as follows : —
(1) This Proclamation may be cited as the Trade Names Proclamation,
1919.
(2) The abstract of partnership which is required to be registered in
accordance with Section 32 of the Code of Commerce shall be
registered in the Court of First Instance; provided that in districts
where no Court of First Instance is established and there is a
Peace Court they may be registered in the Peace Court. In or
with the abstract of partnership, in addition to the other parti
culars mentioned in Section 32 of the Code of Commerce, there
must be registered particulars of the nationality of each* partner,
other than of a shareholder or “ commanditaire ’ in a commandite
partnership.
(3) If after the date hereinafter fixed any partnership is carried on in a
name which does not comply with Sections 12 or 14 of the Code of
Commerce, or without an abstract of the partnership deed and of
particulars of the nationality of the partners being registered in
accordance with Section 32 of the Code of Commerce, and of
Section 2 of this Proclamation, every partner shall be liable to a
fine not exceeding Rs. 1,500.
(4) The fixed date in case of partnerships formed after the 1st August,
.1914, shall be the first day of August, 1919, and in case of partner-
ships formed before the 1st August, 1914, the fixed day shall be
the 1st day of November, 1919.
(5) Provided nevertheless that a partnership which has used a trade
name since before the 1st day of August, 1914, shall although
such name does not comply with the provision of Section 12 of the
Code of Commerce be authorized to continue to use it or to use the
said name or part of the said name in conjunction with one or
more of the names of the partners, subject to the condition that
such name is registered in accordance with Section 32 of the Code
of Commerce with the abstract of the partnership deed.
(6) Any person who carries on business by himself in a name other than
his own shall be liable to a fine not exceeding Rs. 1,500.
(7) This Proclamation does not apply to joint adventures as specified in
Sections 36 to 39 of the Code of Commerce provided they have no
firm name.
(8) It shall be the duty of every Chamber of Commerce and of every
Court, when any offence against the provisions of this Proclama
tion is brought to its notice, after making such enquiry as may be
necessary to record the facts constituting the offence in a report
and to forward such report to a Magistrate of the First or Second
Class. The Magistrate shall proceed to deal with the case, and
may accept such report as evidence of the facts stated, unless they
are disproved by evidence to the contrary.
Made at Baghdad this 28th day of April, 1919.
A. S. COBBE, Lieut.-General,
Officiating General Officer Commanding-in-Chief,
Mesopotamian Expeditionary Force.