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Company Names Notes

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Core Module: BLP Paper A

Company Law - Private Limited Companies Name of company

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S.9 CA 2006: company must have a name before it can come into independent legal existence Necessary checks to carry out to ensure name is valid to use.

1. The Company Name

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2. DISCLOSURE: S.82-82 CA 2006 / Trading Disclosure Regulation 2008: disclosure of company name is requires at the premises and on business stationery.

The Business name

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1 The name that is registered at Companies House Part 5 CA 2006 S.59: must have "Ltd" / "Limited" at the end S.66: cannot have name that is already on the Index of Names No procedure to reserve a name S.53: cannot use a name that would cause offence (in the opinion of the Secretary of State) S.54: Any connection with government or local authority - see The Company, LLP and Business Names (Public Authorities) Regulation 2009. Does the name need approval from the government department specified in the schedule?
S.55: sensitive words and expressions (Sensitive words and expressions Regulation 2009/2615) It may be necessary to get approval from Secretary of state. S.56: any potential breach of S.54 and S.55 means company may need to seek the comments from relevant body under the Regulation schedules. S.65: name that gives inappropriate indication of the company type or legal form - Secretary of State has authority to prohibit use of such words / expressions. S.66: Name is too similar to one already listed - it is regarded as the same. Therefore client will not be able to use it. S.67/68: Secretary of State can order a change of name of the company within 12 months of company registration if, in his opinion, name is too similar to an existing name. S.69 - 74: Procedure which allows person to object to company name. There are 2 grounds:
-Name is the same
-Name is too similar S.75: If any misleading information was given to obtain the name - SoS has 5 years to change name S.76: SoS can order change of name if it gives misleading indication of nature of his activities

A name under which the company carries on its business Part 41 CA 2006 S.1193: approval of SoS is required if business name suggests connection with government or local authority or any public authority specified by Public Authorities

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