ACCA F4 - Corp and Business Law (ENG)

Part D The formation and constitution of business organisations  14: Constitution of a company 221

5.5 Appeal to the Company Names Adjudicators

A company which feels that another company's name which is too similar to its own may object to the

Company Names Adjudicator under the Companies Act. The Adjudicator will review the case and, within

90 days, make their decision and provide their reasons for it in public. In most cases the Adjudicator will

require the offending company to change its name to one which does not breach the rules. In some cases

the Adjudicator may determine the new name.

An appeal against the decision may be made in Court. The Court may reverse the Adjudicator's decision,

affirm it and may even determine a new name.

5.6 Publication of the company's name

The company's name must appear legibly and conspicuously:

 Outside the registered office and all places of business

 On all business letters, order forms, notices and official publications

 On all receipts and invoices issued on the company's behalf

 On all bills of exchange, letters of credit, promissory notes, cheques and orders for money or

goods purporting to be signed by, or on behalf, of the company

 On its website

5.7 Business names other than the corporate name

A business name is a name used by a company which is different from the company's corporate name or

by a firm which is different from the name(s) of the proprietor or the partners.

Most companies trade under their own registered names. However a company may prefer to use some

other name.

The rules require any person (company, partnership or sole trader) who carries on business under a

different name from their own:

(a) To state its name, registered number and registered address on all business letters (including

emails), invoices, receipts, written orders for goods or services and written demands for payment

of debts.

(b) To display its name and address in a prominent position in any business premises to which its

customers and suppliers have access.

(c) On request from any person with whom it does business to give notice of its name and address.

5.8 Registered office

The Companies Act 2006 provides that a company must at all times have a registered office to which all

communications and notices can be sent. Its location in England and Wales or just in Wales or Scotland

determines its domicile. A company may change its registered office (but not its domicile), but for a

period of 14 days after notice is served any person may validly present documents to the previous

address.

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