The Company and Business Names (Amendment) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Company and Business Names Regulations 1981 (as amended by the Company and Business Names (Amendment) Regulations 1982) (the “1981 Regulations ”). The 1981 Regulations specify certain words and expressions for the purposes of section 26 of the Companies Act 1985 and section 2 of the Business Names Act 1985. Under those sections the Secretary of State’s approval is required for the use of such words and expressions in (respectively) a company or a business name.

In relation to certain of the words or expressions so specified, a Government department or other body is specified to which a request has to be made to indicate whether it objects to the use of the word or expression.

These Regulations amend the 1981 Regulations by specifying (regulation 2(2) and (3)) the plural and possessive forms of the words or expressions specified in the Schedule to the 1981 Regulations and by substituting (regulation 2(5)) The Privy Council for the Department of Education and Science as the relevant body which must be requested to give an indication of any objection to the use of the word “University ” as part of a company or business name.

These Regulations also amend the Schedule to the 1981 Regulations (regulation 2(4)) by omitting the words “Building Society ” from column (1) as words that require the Secretary of State’s approval for use as part of a company or business name. Use of such words as part of a company or business name is regulated by section 107 of the Building Societies Act 1986 (c. 53).

The amendments to the 1981 Regulations made by regulation 2(2) and (3) are subject to transitional provisions in regulation 3. These allow the continued use of a business name lawfully used prior to the coming into force of regulation 2(2) and (3) until 12 months after any sale of the business concerned.