Business Name Registration

A company can decide to trade under a name different to that on its Certificate of Incorporation. This other name is known as a “Business Name”. In order to do this the Business Name must be adopted by the company and must be registered with the Companies Registration Office. The proposed Business Name must be approved by the board of directors before the registration form is lodged with the Companies Registration Office.

Business names may also be registered for individuals or sole traders and partnerships who are not trading as their own true name.

A business name gives no protection of Business Names and any Business Name, even if it is already registered by another company will be registered by the Companies Registration Office. This does not mean that if your company uses the same or a similar Business Name to another company that it is immune from a suit for passing off.

CRO does not check Business Names Against Register of Companies, Business Names, Trade Marks

• does not give protection against duplication of the name;
• does not imply that the name will necessarily prove acceptable subsequently as a company name;
• does not authorise the use of the name if its use could be prohibited for other reasons. It should not for instance be taken as an indication that no rights (e.g. trade marks rights) exist in the name.

Change of Particulars and Ceasing a Business

If the particulars of a business name change it should be filed in the CRO and if a business name ceases notificiation should be made to the CRO.

How Can CLS Help

We can arrange for minutes and CRO forms to be prepared and filed in CRO and pass on the new Business Name Certificate and if you require our assistance please contact one of the team on 059 9186776 or send us an email.

Please Note:

Our CLS Insights aims to bring you practical information and news on Company Law and Company Secretarial. We cover the topics that matter to your business and give practical tips and also the benefit our experiences. Please remember this article is a guide and legal advice should always be obtained. If you have any queries please contact one of the team and we would be happy to help.