1. Can I choose any name I want for my company?
No. Several regulations can affect your choice. For example, all company names must end with the words 'Limited', 'Unlimited', 'Public Limited Company', or their abbreviations or Welsh equivalents. Certain companies may apply for exemption from using 'limited' - see chapter 4 for more details.
All companies which are commonhold associations must end their name with ‘commonhold association limited’ or the Welsh equivalents. Right to manage companies must end their name with ‘RTM company limited’ or the Welsh equivalent.
2. Could my choice of name be rejected?
Yes, if:
- it is 'the same as' a name already on the index - see question 3 below;
- it includes the words 'limited', 'unlimited' or 'public limited company' anywhere except at the end of the name. This applies equally to abbreviations or the Welsh equivalent of the words;
- it ends with ‘commonhold association limited’ or the Welsh equivalent (unless the company is a commonhold association);
- it includes anywhere in the company name any of the following:
- ‘investment company with variable capital’ (or its Welsh equivalent);
- ‘open-ended investment company’ (or its Welsh equivalent);
- ‘limited liability partnership’ (or its Welsh equivalent)
- ‘SE’ (or the abbreviation SE bracketed or with other punctuation marks before or after the abbreviation). For more information, see the booklet The European Company: Societas Europaea (SE)
- it is offensive;
- its use would be a criminal offence.
In addition, some names need the approval of the Secretary of State before they can be registered. These include names which contain words prescribed by regulations (see question 4 below) and names which suggest a connection with central or local government. If these categories are avoided, you can normally have your choice of name.
Before you apply to set up a company, or do anything to change its name, it is a good idea to search the index at Companies House to see if there are already any companies with names similar to the one you want. If in doubt, call Companies House on 0870 3333636 or search the website company index at www.companieshouse.gov.uk/info
3. What does 'the same as' mean?
When deciding whether a name is 'the same as' another name, the Registrar ignores punctuation, the company's status, 'the' at the start of the name, and words like 'company (or co)', 'and (or &) company (or co)'. A name that sounds the same as one already on the Company Names Index may be accepted if the two names are spelt differently.
For example, if the name 'Hands Limited' is already registered, then the following would be rejected:
- Hands Public Limited Company (or PLC)
- H and S Limited (or Ltd)
- H and S Public Limited Company (or PLC)
- H & S Limited (or Ltd)
- any of the above, with the addition of 'Company (or Co)' or 'and (or &) Company (or Co)'
| While a company name may be sufficiently different from a name already on the Index to allow it to be registered, this might not be enough to avoid the names being considered 'too like' each other if an objection is lodged after the second company has been incorporated. In such cases, your company could be directed to change its name - see chapter 5. |
You should be aware that if you adopt a name which misleads the public into believing that your business is that of another business - for example, trading as a department store under the name 'Harrods' - then you may face a legal action for 'passing off' by the person whose business you have affected. Registration of a name by Companies House is no guarantee that you are safe from such an action.
| Registering a name prevents another limited company from having an identical name, but it does not stop the name being used as a trading or business name except in the circumstances described above. |
4. Which names need approval?
Names which need approval are those which include words or expressions set out in statutory regulations and names which give the impression that the company is connected with HM Government or with a local authority. Full lists of 'sensitive' words are at Appendices A, B and C, and there is more information on sensitive words in chapter 3.
Names that suggest a banking activity
Following the repeal of the Banking Act 1987, company names that include bank, banker, banking or deposit no longer need approval. However, using words that suggest a banking activity implies that the person using the name is carrying on a banking business and is therefore accepting deposits - a regulated activity under the Financial Services and Markets Act 2000. Therefore, the person would normally need to be an 'authorised person' or to have exemption under the Act.
Use of a banking name by a person who is neither authorised nor exempt under the Act could be material to whether an offence has been committed under section 24 of the Act. A person may, however, be able to establish that the way that he carries on his business means that those who deal with him would not understand him to be an authorised person.
It should not be assumed that a decision by Companies House to register a particular banking name means that its use in certain circumstances would not contravene section 24. If you are in any doubt, you should seek independent legal advice. |
5. What if my choice of name needs approval?
If you choose a company name that needs the approval of the Secretary of State for Trade and Industry before use, contact New Companies Section at Companies House, Cardiff or Edinburgh, as appropriate, and ask for information on the rules governing the use of the word you have chosen.
- If you choose a name that includes any of the words listed in Appendix A, you will probably be asked to supply supporting information before Companies House register the name. You should write, enclosing information in support of your application, to the Secretary of State for Trade and Industry at Companies House in Cardiff (for English and Welsh companies) or in Edinburgh (for Scottish companies).
- If your choice of name includes any of the words listed in Appendix B, then you will need to write to the 'relevant body' to ask if they have any objection (and if so, why) to your use of the word or expression in your company name. When you write to the Secretary of State for Trade and Industry at Companies House, Cardiff or Edinburgh to ask for approval of the name, you must enclose a copy of any reply you have received from the 'relevant body'.
- The use of some words and expressions is covered by other legislation and their incorrect use in company names might be a criminal offence. Those known to Companies House are listed at Appendix C. If you wish to include one of these words or expressions in your company name, then you should contact the relevant regulatory authority, or ask Companies House for advice.
- If your chosen name gives the impression that your company is connected with HM Government or with a local authority, then you will need the written approval of the Secretary of State for Trade and Industry before the name can be registered. Write to the Secretary of State for Trade and Industry at Companies House, Cardiff or Edinburgh, as appropriate, giving as much detail as you can to support your application. Such names will normally only be approved where you can show that a genuine connection exists and where the relevant government body supports the application. See chapter 3.
6. How do I register my company name?
If your chosen name is not already on the Company Names Index and is not one which needs the Secretary of State's approval, then send your incorporation documents (or special resolution if an existing company is changing its name) to:
- New Companies Section, Cardiff for companies registered in England and Wales; or
- The Registrar of Companies for Scotland for those companies registered in Scotland.
If your documents are correct, the company name will be registered and a certificate of incorporation issued.
More information about incorporating companies is available in the booklet, 'Company Formation'. Information about changing the name of a company is given in chapter 2 of this booklet. |
