Section 30, s. 191(2) and s. 198(4) of Companies Acts 2014 states that a company may, by special resolution, with the approval by the Registrar of Companies signified in writing, change its name. The members of the company must approve the change of company name and a G1Q form and new constitution should be filed in the CRO.

Check the proposed new name

Before you proceed to change a company name, name proposed should be checked against the Register of Companies so that it is not similar to one already registered

The CRO does not check proposed company names against names on the business names register and the trade mark register. Therefore, it’s prudent to check these registers to ensure that the proposed company name does not conflict with a business name or trade mark since any person claiming to have a right to that name could take a civil passing off action to protect his/her interest.

You can also check the register of business names free of charge, using the Company Search Facility. https://www.cro.ie/search/CompanySearch

You can undertake a search of the trade mark register at the Patents Office at http://www.patentsoffice.ie/

CLS cannot confirm / guarantee acceptance of any company name until the Change of name has been registered and the Certificate of Incorporation on Change of Name has been issued by the CRO.

How can CLS Help

We can check the proposed name to make sure it is available and prepare the necessary board minutes, member resolutions and CRO forms. If you require assistance with this please feel free to 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.

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