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Part IE+W+S Formation and Registration of Companies; Juridical Status and Membership

Chapter IIE+W+S Company Names

29 Regulations about names.E+W+S

(1)The Secretary of State may by regulations—

(a)specify words or expressions for the registration of which as or as part of a company’s corporate name his approval is required under section 26(2)(b), and

(b)in relation to any such word or expression, specify a Government department or other body as the relevant body for purposes of the following subsection.

(2)Where a company proposes to have as, or as part of, its corporate name any such word or expression and a Government department or other body is specified under subsection (1)(b) in relation to that word or expression, a request shall be made (in writing) to the relevant body to indicate whether (and if so why) it has any objections to the proposal; and the person to make the request is—

(a)in the case of a company seeking to be registered under this Part, the person making the statutory declaration [F1under section 12(3) or statement under section 12(3A) (as the case may be)],

(b)in the case of a company seeking to be registered under section 680, the persons making the statutory declaration [F2under section 686(2) or statement under section 686(2A) (as the case may be)], and

(c)in any other case, a director or secretary of the company concerned.

(3)The person who has made that request to the relevant body shall submit to the registrar of companies a statement that it has been made and a copy of any response received from that body, together with—

(a)the requisite statutory declaration [F3or statement], or

(b)a copy of the special resolution changing the company’s name,

according as the case is one or other of those mentioned in subsection (2).

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations under this section may contain such transitional provisions and savings as the Secretary of State thinks appropriate and may make different provision for different cases or classes of case.

(6)The regulations shall be made by statutory instrument, to be laid before Parliament after it is made; and the regulations shall cease to have effect at the end of 28 days beginning with the day on which the regulations were made (but without prejudice to anything previously done by virtue of them or to the making of new regulations), unless during that period they are approved by resolution of each House. In reckoning that period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

Textual Amendments

F1Words in s. 29(2)(a) substituted (22.12.2000) by S.I. 2000/3373, art. 31(1)(a)

F2Words in s. 29(2)(b) substituted (22.12.2000) by S.I. 2000/3373, art. 31(1)(b)

F3Words in s. 29(3)(a) inserted (22.12.2000) by S.I. 2000/3373, art. 31(1)(c)

Modifications etc. (not altering text)

C1S. 29(1)(a) extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 para. 3