Biggart Baillie Solicitors

What's Your Name? New Rules For Companies

Monday, September 15, 2008

On 1 October new legislation relating to company names comes into force.

Signage

• The Company must display its name at its registered office, at any place where it keeps statutory records which can be inspected by its members and at any place at which it carries on business.  The only exceptions to this rule are for companies that have been dormant since incorporation or if the location involved is primarily residential.
  
• The Company name has to be displayed continuously in a way that is visible to the naked eye and can easily be seen by any visitor to the office place or location.  There is no longer any requirement to display the full Company name outside a building.  Names can be displayed electronically as long as the name is on display continuously for 15 seconds in every 3 minutes.

Documents

• The exact requirements depend on what kind of document is involved and whether it is electronic or hard copy.  In summary letters, order forms and websites must include the Company’s registered name, number and address and the country of registration and the registered name must appear on all forms of business documentation and correspondence including emails.

Requests

• Any requests for information on the Company’s registered name, number or office must be dealt with within 5 working days.

Objections

• No-one is allowed to register a name that is too like “another” with the aim of either misleading the public or name squatting to oblige existing companies effectively to buy back their own name. 
  
• If a claim is successful, the offending Company can be forced to change its name and a deadline will be set for such a change.  If the Company fails to comply the Names Adjudicator may determine a new name for the Company and force a change.

If you need any further information on how to comply with the new regulations, please contact Derek Ellery on 0141 228 8000 or dellery@biggartbaillie.co.uk.