Choosing A Company Name
G
Choosing A Company Name
G
A company can also be directed to change its name, within 5 years of its date of registration, where it appears to the Secretary of State that it has provided
misleading information for the purposes of registration, or has given undertakings or assurances for that purpose that have not been fulfilled.
WHAT OTHER DIRECTION POWER IS THERE?
Section 32 of the Companies Act 1985 provides pow-
ers for a company to be directed to change its name if the name gives so misleading an indication of the
nature of the company's activities as to be likely to
cause harm to the public. This direction must be com-
plied with within 6 weeks unless an application is made
to the Court to set it aside.
WHO DO I OBJECT TO?
Objections must be made in writing to:
*The Secretary of State for Trade and Industry
Companies Administration Branch
Companies House
Crown Way
Cardiff
CF4 3UZ
or for companies registered in Scotland:
*The Secretary of State for Trade and Industry
Companies House
100-102 George Street Edinburgh
EH2 3DJ
Normally objections to a company's name are made by
an existing company who thinks that the similarity
between the names may lead to confusion between the
companies.
CAN A "TOO LIKE" NAME BE REJECTED BEFORE THE
COMPANY IS REGISTERED?
No. Although proposed company names are rejected if they are the "same as" an existing company name,
there is no power to reject a name on the ground that
it is "too like" that of another company.
It is important that, before you apply for the
registration of your company name, you should
consider carefully whether its acceptance could
lead to a complaint and to the possibility that the
company may be subject to a direction to change
its name following its registration. It is sensible
to consult a solicitor or a company registration
agent before deciding on a name for your
company.
More information, about the factors that are taken into
consideration when deciding whether one name is "too
like" another, is given in Appendix D.
8.
9.