Legal Q&A: Business Name

Q. Is board approval required for a company’s business name?

A. A business name is a name used by any person, partnership or company for carrying on business which is not the same as their own name.  A company that trades under a business name must still comply with its disclosure requirements under the Companies Act 2006 for its registered company name.

There is no requirement in the Companies Acts 2006 for board approval or shareholder approval of the business name (unlike the adoption/change of the registered company name) but you should check the company’s articles of association and any other shareholder agreements to see if approval of a business name is a matter reserved for the board of directors.  Certain business names may require the approval of the Secretary of State (sections 1193 and 1194, Companies Act 2006). 

To speak to Ashley Sutherland about any aspect of Company Law call 01733 295 553 or email ashley.sutherland@hegarty.co.uk.