Business Names 

Forming a Company

Q.  What is a 'business name'?
A.  It is a name used by any person, partnership or company for carrying out business, unless it is the same as their own name.

Q.  What checks should I make before using a business name?
A.  It is advisable to consult a solicitor before using a business name. You should also check local phone books and any relevant trade journals or magazines, to see if any other business is already using the name. If it is, you could face legal difficulties.
 
If you have any intention to trade goods or services, you would be well advised to ensure your business name does not conflict with a registered trademark.   It does not have to be identical with a trade mark to cause possible conflict.  Problems can arise if a name is judged to be confusingly similar.

Q.  Who does the Business Names Act apply to?
A.   It applies to:
•    A company which trades under a name which is not its corporate name, for example, 'XYZ Limited' trading as 'Fish Antiques'.
•    A partnership which does not trade under the names of all the partners.
•    An individual who trades under a name which is not his or her surname.   It makes no difference whether the individual's first names or initials are added.   So the Act would apply to Mr JQZ Singh if he traded as 'Singh Antiques' but not if he traded as 'Singh' or 'JQZ Singh'.

Q.  What is meant by the Secretary of State having control over business names?
A.   Names that include words or expressions that are prescribed by regulation require the approval of the Secretary of State before they can be used.  There are also other terms whose use in a name may, in some circumstances, constitute a criminal offence.  See the next few questions for more details.
Many new businesses choose to set themselves up as companies.  The biggest advantage of this method of trading is that your business liability is limited to the business and you would not be required to pay debts of your personal money, except in cases of fraud.  Below are a  few questions that you will need to have asked before proceeding
•    What type of business are you going to be running?
•    What type of company did you want to set up?
•    Can anyone set up a company ?
•    How do you form a company ?
•    What is a registered office?
•    What is the minimum number of officers required for a company ?
•    Can I (or anyone) be a company director?
•    I have a name for my company,  can I choose any name?
•    What forms do I need and where do I get them from