1. Why register a business name?
If a person, partnership or company trades under any other name than their own then they are obliged to register this business name with the Companies Registration Office. The purpose of this requirement is to ensure that there is transparency regarding the identities of those behind the business name. It is important to note that there is no protection for a business name and therefore the same name may be registered by another business.
2. What is a business name?
A business name is any name under which business is being carried out other than the actual name of the business. For example, the CRO state that “if an individual uses a business name which differs in any way from his/her true surname. It makes no difference whether the individual’s first name or initials are added. So registration is required if, for example, Mr. John Murphy traded as Murphy Builders but not if he traded as Murphy or John Murphy).” The business name must be acceptable to the Registrar or it will not be registered. It should be noted that if a business name is accepted by the registrar it should not be assumed that this name will also be accepted as a company name.
3. What is the process?
Once a name has been decided on the particulars should be registered at the CRO within one month of the adoption of the name on the appropriate statutory form. The relevant form to be used will depend on whether the registrant is an individual, a partnership or a body corporate. The information required to register as business name is as follows:
- The name
- The nature of the business
- The principal place of business
- The date of adoption of the name
- The name of the applicant
- The address of the applicant
- Details of any other business names used by the applicant
If the name is accepted by the registrar an certificate of registration of the business name will be issued to the applicant and should be displayed at the principal place of business.
4. What are the benefits to your business?
You will be in compliance with the statutory regulations regarding registration of business names and will not be liable to a fine for failure to register.
Should you have any questions in relation to this article or should you have any Company Law or Company Secretarial queries please contact John Murphy on 053 910 0000, [email protected]
