If you are going to 'form a company’ or ‘change the name of a company’ -  you need to be aware of the following and perhaps put in some coding to allow for these key restrictions:

 

The key restrictions to note are:

 

  • The name of the company must end in “Limited” or ‘Ltd” (or its Welsh equivalent if its registered office is in Wales).

 

  • The name must not suggest a connection with the UK government, a devolved administration, a local authority, or a specified public authority.

 

  • The name must not include sensitive words or expressions included in regulations.

 

  • The name must not include words that would constitute an offence.

 

  • The name must not be offensive.

 

  • The name must not be the ‘same as’ an existing name on the index.

  • The use of certain characters, signs, symbols, and punctuation in a company name is not allowed.

 

  • A name that, in the opinion of the Secretary of State, is intended to facilitate what would, in the UK (or potentially outside the UK), constitute an offence of dishonesty or deception.

 

  • A name that could give the false impression that the company is connected with: (1) a foreign government or an agency or authority of a foreign government, or (2) an international organisation whose members include two or more countries or territories (or their governments), for example, the United Nations or NATO.

 

  • A name that consists of or includes computer code[1].

 

  • A name that gives a misleading indication of its activities.

  • Where a name has been or is intended to be used for criminal purposes.

 

  • The name is one that has been changed following a direction by the Registrar and the company seeks to re-register using the same name, or one like it. A company is also prohibited from re-registering a name if the company has received an order from the company names adjudicator to change that name.

 

  • Where a name is one (or one similar to it) that has been used by another company which has been directed to change the name and the officers and shareholders of that company wish to form a new company using that name.

 

  • Infringes any provision of Part 5 of the Companies Act 2006 (A company’s name) and has been wrongly registered.

 

 

“Same as” names

 

If two company names are so similar that they are likely to confuse the public as to which company is which, then they are the “same as”. “Same as” names are not permitted.

 

In determining whether a name is the “same as”, companies must review the relevant regulations that set out what words and expressions must be disregarded and the words, expressions, signs, and symbols that are to be regarded as the same. For example, GB and Great Britain, AND and &, PLUS and +, 0, Zero and O are all considered to be the same etc.

 

Therefore, as an example, “Stone Company Limited” and “Stone and Company Limited” will be treated as the same and disallowed by the Registrar. Companies House guidance also states that ‘ŘEAL COFFEE CAFÉ LTD’ is the same as the ‘REAL COFFEE CAFE LTD’ and ‘PLUM TECHNOLOGY LTD’ is the same as ‘PLUM TECHNOLOGY & COMPANY LTD’.

 

The “same as” rule will not however apply if the proposed company is intended to be part of the same group as an existing “same as” company and the existing company consents to the registration of the proposed name and the application to register includes a letter from the existing company confirming that it consents to the registration of the proposed name and that it will form part of the same group. Therefore, words such as “Group”, “Holdings”, “International” and “Services”, are all disregarded for this purpose and this makes it easier for groups of companies to choose related, but different company names, for example, “Simply Limited”, “Simply Group Limited” and “Simply Holdings Limited”.

 

Notwithstanding the above, a wide range of characters, signs, symbols, and punctuation are permitted to be used in a company name. This includes the ability to use symbols such as £, $, € and @ in a company’s name. Note that some signs and symbols may only be used in the body of a company name, whilst others are permitted to be used at the beginning of a name as well. The details are set out in the relevant regulations themselves and Companies House will be able to provide guidance and assistance as to whether a proposed sign or symbol may be used.