TNAG-2378-FCO40-3457-Hong-Kong-nationality-British-Nationality-(Hong-Kong)-Act-19-1991 — Page 58

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.