1. Can I choose any name I want for my company?

No. Several regulations can affect your choice. For example, all company names must end with the words 'Limited', 'Unlimited', 'Public Limited Company', or their abbreviations or Welsh equivalents. Certain companies may apply for exemption from using 'limited'.

2. Could my choice of name be rejected?

Yes, if:

• it is 'the same as' a name already on the index - see question 3 below;
  
• it includes the words 'limited', 'unlimited' or 'public limited company' anywhere except at the end of the name. This applies equally to abbreviations or the Welsh equivalent of the words;
  
• it is offensive;
  
• its use would be a criminal offence.

3. What does 'the same as' mean?

When deciding whether a name is 'the same as' another name, the Registrar ignores punctuation, the company's status, 'the' at the start of the name, and words like 'company (or co)', 'and (or &) company (or co)'. A name that sounds the same as one already on the company name indexes may be accepted if the two names are spelt differently.

For example, if the name 'Hands Limited' is already registered, then the following would be rejected:

• Hands Public Limited Company (or PLC)
  
• H and S Limited (or Ltd)
  
• H and S Public Limited Company (or PLC)
  
• H & S Limited (or Ltd)
  
• any of the above, with the addition of 'Company (or Co)' or 'and (or &) Company (or Co)'

While a company name may be sufficiently different from a name already on the Index to allow it to be registered, this might not be enough to avoid the names being considered 'too like' each other if an objection is lodged after the second company has been incorporated. In such cases, your company could be directed to change its name.

You should be aware that if you adopt a name which misleads the public into believing that your business is that of another business - for example, trading as a department store under the name 'Harrods' - then you may face a legal action for 'passing off' by the person whose business you have affected. Registration of a name by Companies House is no guarantee that you are safe from such an action.

Registering a name prevents another limited company from having an identical name, but it does not stop the name being used as a trading or business name except in the circumstances described above.

4. Which names need approval?

Names which need approval are those which include words or expressions set out in statutory regulations and names which give the impression that the company is connected with HM Government or with a local authority.

Names that suggest a banking activity: Following the repeal of the Banking Act 1987, company names that include bank, banker, banking or deposit no longer need approval. However, using words that suggest a banking activity implies that the person using the name is carrying on a banking business and is therefore accepting deposits - a regulated activity under the Financial Services and Markets Act 2000. Therefore, the person would normally need to be an 'authorised person' or to have exemption under the Act.

Use of a banking name by a person who is neither authorised nor exempt under the Act could be material to whether an offence has been committed under section 24 of the Act. A person may, however, be able to establish that the way that he carries on his business means that those who deal with him would not understand him to be an authorised person.

It should not be assumed that a decision by us to register a particular banking name means that its use in certain circumstances would not contravene section 24. If you are in any doubt, you should seek independent legal advice.