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LPC Law Notes Business Law and Practice Notes

Company Names Notes

Updated Company Names Notes

Business Law and Practice Notes

Business Law and Practice

Approximately 649 pages

A collection of the best LPC BLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Business Law and Practice notes available in the UK this year. This collection of notes is fully updat...

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Company Law – Private Limited Companies

Name of company

  • 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

  • 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

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

  1. The Business name

  • 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 Regulation

  • S.1194: refers to Sensitive Words and Expressions Regulation 2009 [S.I. 2009/2615]: if it is a sensitive word then it needs authorisation.

  • S.1196: SoS may withdraw approval if there are overriding considerations of public policy

  • S.1197: inappropriate indication of legal form of companies activities

  • Disclosure requirements for company / business name: S.82 CA 2006 and Trading Disclosure Regulation 2008 [2008/495]-...

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