C8C9C7Part 5A company's name

Annotations:
Modifications etc. (not altering text)
C8

Pt. 5 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(b), 8(2); S.I. 2013/2936, art. 2

C9

Pt. 5 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

Chapter 1General requirements

Sensitive words and expressions

I1C1C254Names suggesting connection with government or public authority

1

The approval of the Secretary of State is required for a company to be registered under this Act by a name that would be likely to give the impression that the company is connected with—

a

Her Majesty's Government, any part of the Scottish administration F1, the Welsh Assembly Government or Her Majesty's Government in Northern Ireland,

b

a local authority, or

c

any public authority specified for the purposes of this section by regulations made by the Secretary of State.

2

For the purposes of this section—

  • “local authority” means—

    1. a

      a local authority within the meaning of the Local Government Act 1972 (c. 70), the Common Council of the City of London or the Council of the Isles of Scilly,

    2. b

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or

    3. c

      a district council in Northern Ireland;

  • “public authority” includes any person or body having functions of a public nature.

3

Regulations under this section are subject to affirmative resolution procedure.

I2C3C455Other sensitive words or expressions

1

The approval of the Secretary of State is required for a company to be registered under this Act by a name that includes a word or expression for the time being specified in regulations made by the Secretary of State under this section.

2

Regulations under this section are subject to approval after being made.

I3C5C656Duty to seek comments of government department or other specified body

1

The Secretary of State may by regulations under—

a

section 54 (name suggesting connection with government or public authority), or

b

section 55 (other sensitive words or expressions),

require that, in connection with an application for the approval of the Secretary of State under that section, the applicant must seek the view of a specified Government department or other body.

2

Where such a requirement applies, the applicant must request the specified department or other body (in writing) to indicate whether (and if so why) it has any objections to the proposed name.

3

Where a request under this section is made in connection with an application for the registration of a company under this Act, the application must—

a

include a statement that a request under this section has been made, and

b

be accompanied by a copy of any response received.

4

Where a request under this section is made in connection with a change in a company's name, the notice of the change sent to the registrar must be accompanied by—

a

a statement by a director or secretary of the company that a request under this section has been made, and

b

a copy of any response received.

5

In this section “specified” means specified in the regulations.