Reserving / protecting a company name
Discussion
In the family, we have two companies, both based on the family name. So there is "Smith" Ltd which holds property and there is "Smith" Law LLP which provides legal services.
Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
Amateurish said:
In the family, we have two companies, both based on the family name. So there is "Smith" Ltd which holds property and there is "Smith" Law LLP which provides legal services.
Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
Quite simply the answer is no. When you wind up (close) a company the company, including the name, will be struck off. The name then becomes available again. If you want to keep the name then you should not close the company.Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
As another poster commented you can buy an off the shelf company and apply to change the name, but this can only be done when the name becomes available again.
You can also create a new company with the name 'Smith 2025 Ltd' or similar.
MustangGT said:
As another poster commented you can buy an off the shelf company and apply to change the name, but this can only be done when the name becomes available again.
You can do an immediate "name swap" provided both companies exist. It's very common. Exactly the same as transferring two personalised registration numbers between cars, there doesn't need to be any intermediate "resting place".Panamax said:
You can do an immediate "name swap" provided both companies exist. It's very common. Exactly the same as transferring two personalised registration numbers between cars, there doesn't need to be any intermediate "resting place".
Amateurish- This is your answer and a procedure that happens on a daily basis. Companies House are quick to update, so it's easy to do in practice.MustangGT said:
Amateurish said:
In the family, we have two companies, both based on the family name. So there is "Smith" Ltd which holds property and there is "Smith" Law LLP which provides legal services.
Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
Quite simply the answer is no. When you wind up (close) a company the company, including the name, will be struck off. The name then becomes available again. If you want to keep the name then you should not close the company.Smith Ltd is being wound up. Is there any way of closing the company but continuing to hold the company name so that it can't be used by anyone else?
If there's a strong reason that you don't want someone else to use the name after you've wound the company up, I would question whether you should wind the company up in the first place. The only viable reason I can think of is to protect yourself against a third party attempting to pass themselves off as Smith Ltd or capitalise on the reparation of Smith Ltd..... but you can't pass yourself off (legally) as a company that doesn't exist.
Why is the inclusion of 'Law' important to the company name? Can't you just use Smith Ltd for that? - And don't forget that the the name registered at Companies House isn't the name you need to trade as. So you could register Smith Limited but trade as Smith Law, Smith Accountancy, Smith Property, etc... and trade mark each of the trading names.
StevieBee said:
Yeah, we've been though this. Once the company goes, the names goes.
If there's a strong reason that you don't want someone else to use the name after you've wound the company up, I would question whether you should wind the company up in the first place. The only viable reason I can think of is to protect yourself against a third party attempting to pass themselves off as Smith Ltd or capitalise on the reparation of Smith Ltd..... but you can't pass yourself off (legally) as a company that doesn't exist.
Why is the inclusion of 'Law' important to the company name? Can't you just use Smith Ltd for that? - And don't forget that the the name registered at Companies House isn't the name you need to trade as. So you could register Smith Limited but trade as Smith Law, Smith Accountancy, Smith Property, etc... and trade mark each of the trading names.
Sorry people keep saying this but it's wrong. Us accountants do this swap on a daily basis.If there's a strong reason that you don't want someone else to use the name after you've wound the company up, I would question whether you should wind the company up in the first place. The only viable reason I can think of is to protect yourself against a third party attempting to pass themselves off as Smith Ltd or capitalise on the reparation of Smith Ltd..... but you can't pass yourself off (legally) as a company that doesn't exist.
Why is the inclusion of 'Law' important to the company name? Can't you just use Smith Ltd for that? - And don't forget that the the name registered at Companies House isn't the name you need to trade as. So you could register Smith Limited but trade as Smith Law, Smith Accountancy, Smith Property, etc... and trade mark each of the trading names.
StevieBee said:
Yeah, we've been though this. Once the company goes, the names goes.
If there's a strong reason that you don't want someone else to use the name after you've wound the company up, I would question whether you should wind the company up in the first place. The only viable reason I can think of is to protect yourself against a third party attempting to pass themselves off as Smith Ltd or capitalise on the reparation of Smith Ltd..... but you can't pass yourself off (legally) as a company that doesn't exist.
Why is the inclusion of 'Law' important to the company name? Can't you just use Smith Ltd for that? - And don't forget that the the name registered at Companies House isn't the name you need to trade as. So you could register Smith Limited but trade as Smith Law, Smith Accountancy, Smith Property, etc... and trade mark each of the trading names.
The two companies have different ownerships within the family, so we don't have any involvement in the business or say in the winding up of Smith Ltd. The family member who started that business recently died - they had been running the business since the start of WW2 incredibly and they incorporated the company in 1940 when they were 20 years old. If there's a strong reason that you don't want someone else to use the name after you've wound the company up, I would question whether you should wind the company up in the first place. The only viable reason I can think of is to protect yourself against a third party attempting to pass themselves off as Smith Ltd or capitalise on the reparation of Smith Ltd..... but you can't pass yourself off (legally) as a company that doesn't exist.
Why is the inclusion of 'Law' important to the company name? Can't you just use Smith Ltd for that? - And don't forget that the the name registered at Companies House isn't the name you need to trade as. So you could register Smith Limited but trade as Smith Law, Smith Accountancy, Smith Property, etc... and trade mark each of the trading names.
Renaming Smith Law would cause it's own complications e.g. with SRA registration.
It's a fairly unusual surname, and we've built up a reasonable reputation, so it's just a case of preventing anyone else using that company name.
MaxFromage said:
Panamax said:
You can do an immediate "name swap" provided both companies exist. It's very common. Exactly the same as transferring two personalised registration numbers between cars, there doesn't need to be any intermediate "resting place".
Amateurish- This is your answer and a procedure that happens on a daily basis. Companies House are quick to update, so it's easy to do in practice.Then straight after "Off the Shelf Company Ltd" change of name to "Smith Ltd"
Amateurish said:
So do I just file online "Smith Ltd" change of name to "Smith (defunct) Ltd"
Then straight after "Off the Shelf Company Ltd" change of name to "Smith Ltd"
Correct. You can check when the first has updated (usually less than 4 hours) and then submit the second name change.Then straight after "Off the Shelf Company Ltd" change of name to "Smith Ltd"
A company name doesn't have to be a trading name.
Weetabix isn't a company name it's a brand for example.
So Smith Ltd can sell the rights to you personally (or to Off the Shelf Co Ltd) to use the Smith brand before its wound up, I'm presuming Smith is a registered trademark given how valuable you believe it is. Hence it's an asset that can be sold and protected.
Weetabix isn't a company name it's a brand for example.
So Smith Ltd can sell the rights to you personally (or to Off the Shelf Co Ltd) to use the Smith brand before its wound up, I'm presuming Smith is a registered trademark given how valuable you believe it is. Hence it's an asset that can be sold and protected.
MaxFromage said:
Panamax said:
You can do an immediate "name swap" provided both companies exist. It's very common. Exactly the same as transferring two personalised registration numbers between cars, there doesn't need to be any intermediate "resting place".
Amateurish- This is your answer and a procedure that happens on a daily basis. Companies House are quick to update, so it's easy to do in practice.Gassing Station | Business | Top of Page | What's New | My Stuff