Thursday 5 March 2015

What is the Law in your Life?

5 things you need to know when choosing a name for your company or LLP:

1.   Your name cannot be identical to that of another registered company/LLP. Your name must also not be “too similar” to another name on the Companies House register. When considering whether your name is the same as a name that is already registered there is a list of words, characters, and symbols which are disregarded (eg United Kingdom and Great Britain). (Following recent changes in the law (January 2015), a number of words have been deleted from this list. The words Exports, Holdings, Imports, Group, International, and Services are now no longer on the list.).

2.   If your proposed name contains a “sensitive” word or expression (eg the word Scottish, English, British, etc) you must get prior approval from the Secretary of State. Likewise, if your name might indicate a connection to a public authority. The recent changes in the law referred to above have also reduced the list of sensitive words and expressions that require prior approval.

3.   Names that are offensive or use of which would constitute a criminal offence cannot be used.

4.   The names of most private limited companies must either end in “Limited” or “Ltd”. You can, however, apply to leave “limited” out of your name if the company is limited by guarantee and it fulfils certain conditions.

5.   You are prohibited from using the name of a previously insolvent company. You also cannot use a similar name to a previously insolvent company for a period of five years from the date of the first company’s insolvent liquidation.

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