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Section 5: Restriction on name of insurer.

The Insurance Act, 1938Central Act · Act 4 of 1938

(1) An insurer shall not be registered by a name identical with that by which an insurer in existence is already registered, or so nearly resembling that name as to be calculated to deceive except when the insurer in existence is in the course of being dissolved and signifies his consent to the [Authority],

(2) If an insurer, through inadvertence or otherwise, is without such consent as aforesaid registered by a name identical with that by which an insurer already in existence whether previously registered or not is carrying on business or so nearly resembling it as to be calculated to deceive, the first-mentioned insurer shall, if called upon to do so by the [Authority] on the application of the second-mentioned insurer, change his name within a time to be fixed by the [Authority]:

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Where this provision sits

ActThe Insurance Act, 1938
Section5
Marginal noteRestriction on name of insurer.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 41 of 1999. . Subs. by Act 41 of 1999, s. 30 and the First Schedule, for "Controller" (w.e.f. 19-4-2000). Earlier it was substituted by Act 47 of 1950, s. 4, for "Superintendent of Insurance" (w.e.f. 1-6-1950).
  • omitted, Act 5 of 2015. . The provisos omitted by Act 5 of 2015, s. 9 (w.e.f. 26-12-2014).
  • omitted. . Sub-section (3) omitted by s. 9, ibid. (w.e.f. 26-12-2014).

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