Part 5

A company's name
Chapter 4

Other powers of the Secretary of State and the registrar

Misleading indication of activities and names used for criminal purposes

Misleading indication of activities
76
1
If in the opinion of the Secretary of State the name by which a company is registered gives so misleading an indication of the nature of its activities as to pose a risk of harm to the public in the United Kingdom or elsewhere, the Secretary of State may direct the company to change its name.
2
The direction must be in writing and must specify the period within which the company is to change its name.
3
The period must be a period of at least 28 days beginning with the date of the direction.
3A
The Secretary of State may by further direction in writing extend the period.
Any such direction must be given before the end of the period for the time being specified.
4
A company may apply to the court to set aside a direction under subsection (1).
4A
Any application under subsection
(4)
must be made within the period of three weeks beginning with the date of the direction.
5
The court may set the direction aside or confirm it.
If the direction is confirmed, the court shall specify the period within which the direction is to be complied with.
5A
If a company applies to the court under subsection (4) to set aside a direction, it is not required to comply with the direction while the proceedings are ongoing.
5B
Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.
6
If a company fails to comply with a direction under subsection (1), an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
For this purpose a shadow director is treated as an officer of the company.
7
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
Words in s. 76(1) substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 16, 219(1)(2)(b); S.I. 2024/269, reg. 2(l)
Words in Pt. 5 Ch. 4 heading inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 19(2), 219(1)(2)(b); S.I. 2024/269, reg. 2(o)
S. 76(4)(4A) substituted for s. 76(4) (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 13(5)(b), 219(1)(2)(b); S.I. 2024/269, reg. 2(i)
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)
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
Words in s. 76(6) substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 13(5)(d), 219(1)(2)(b); S.I. 2024/269, reg. 2(i)
S. 76(2)-(3A) substituted for s. 76(2) (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 13(5)(a), 219(1)(2)(b); S.I. 2024/269, reg. 2(i)
S. 76(5A) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 13(5)(c), 219(1)(2)(b); S.I. 2024/269, reg. 2(i)
S. 76 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 13 (as amended (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 11(4); S.I. 2024/269, reg. 2(a))
S. 76(5B) inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 14(6), 219(1)(2)(b); S.I. 2024/269, reg. 2(j)
S. 76 cross-heading inserted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 17(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(m)