Name of foundation

(1) The name of a foundation shall end with the word “Foundation” or its abbreviation, “Found.” or “Fdn”, or its equivalent in any language using Roman script, and must not be the same or similar to the name of a foundation previously existing in Belize so as to be misleading as to the identity or activities of a foundation. (2) The name of a foundation may not be geographical in nature unless it is established that the name has a secondary meaning. (3) The name of a foundation shall be in Roman script, but a foundation may elect to use as an alternative name an accurate translation of the name registered in Roman script, and which name may be expressed in any script. For the purpose of satisfying the filing requirements under this Act, a foundation shall use the name as expressed in Roman script, but in any dealings with third parties the foundation may use the alternative name in the form submitted to the Registrar at the time of formation. (4) No foundation shall be formed under this Act under a name that– (a) contains the words “Building Society”, “Chartered”, “Cooperative”, “Imperial”, “Municipal”, “Royal”, or a word conveying a similar meaning, or any other word that, in the opinion of the Registrar, suggests or is calculated to suggest, (i) the patronage of Her Majesty or that of a member of the Royal Family; or 20 (ii) a connection with the Government of or a department, agency, authority or branch thereof, any political party or any university or professional association recognised by the laws of except with the approval of the Registrar in writing– (b) is indecent, offensive or, in the opinion of the Registrar, objectionable; (c) contains the words “Assurance”, “Bank”, “Insurance” or “Trust”, or any of their derivatives or cognate expressions, unless it is licensed under an enactment authorising it to carry on such business or activities; (d) is the same as or similar to the name of any other legal entity registered under the laws of Belize or reserved under this or any other Act, unless such other legal entity consents in writing to the use of that name; (e) is prohibited by regulations made under this Act or by any other law in force in Belize. (5) The Registrar may refuse to register a foundation or an amendment changing the name of a foundation where the name to be registered is, in the opinion of the Registrar, in any way misleading or is otherwise undesirable. (6) The exclusive right to the use of a name may be reserved by– (a) any person intending to establish a foundation under that name; International Foundations [CAP. 24:02 21 (b) any foundation that proposes to change its name to that name; or (c) any foreign foundation, by whatever name called, intending to continue under this Act as a foundation having that name. (7) The reservation of a specified name shall be made by filing with the Registrar an application executed by the applicant in the prescribed form specifying the name to be reserved. (8) If the Registrar approves the name and determines that it is available for use by such foundation, the Registrar shall reserve the name for the exclusive use of the applicant for a period of 120 days. (9) A name reserved under sub-section (8) may, by application made under sub-section (7), be reserved for successive periods of 120 days. (10) The prescribed fee shall be paid– (a) upon the filing of an application to reserve a name under sub-section (7); and (b) upon the filing of each application to renew the reservation of a name under sub-section (9). (11) Subject to the terms of its foundation charter and to the provisions of this section, a foundation may, by resolution of its foundation council, amend its foundation charter to change its name at any time. (12) Where a foundation is established or continued, or changes its name to a name that– (a) is reserved for another entity under sub- section (6); 22 (b) does not comply with this section; or (c) is, in the opinion of the Registrar, for any other reason objectionable; the Registrar may, by serving a written notice on the foundation, direct it to change its name within such period of time as he may stipulate. (13) If a foundation which has been served a notice pursuant to sub-section (12) does not change its name to a name that complies with this section within such time as the Registrar specifies in that notice, the Registrar– (a) may assign a new name to the foundation; and (b) shall enter such assigned name in the Register. (14) Where the name of a foundation has been changed, pursuant to this section, the Registrar shall issue a certificate of registration on change of name to the foundation specifying the new name and the reason for the change of name. (15) After the issue to a foundation of a certificate of registration on change of name under sub-section (14), any other foundation (except one already registered under the former name) that uses the former name of the foundation commits an offence and is liable to such penalty as may be prescribed by