Part 41Business names

Chapter 1Restricted or prohibited names

Misleading names

I11197Name containing inappropriate indication of company type or legal form

1

The Secretary of State may make provision by regulations prohibiting a person from carrying on business in the United Kingdom under a name consisting of or containing specified words, expressions or other indications—

a

that are associated with a particular type of company or form of organisation, or

b

that are similar to words, expressions or other indications associated with a particular type of company or form of organisation.

2

The regulations may prohibit the use of words, expressions or other indications—

a

in a specified part, or otherwise than in a specified part, of a name;

b

in conjunction with, or otherwise than in conjunction with, such other words, expressions or indications as may be specified.

3

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

4

Regulations under this section are subject to negative resolution procedure.

5

A person who uses a name in contravention of regulations under this section commits an offence.

6

Where an offence under this section is committed by a body corporate, an offence is also committed by every officer of the body who is in default.

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.

1198Name giving misleading indication of activities

1

A person must not carry on business in the United Kingdom under a name that gives so misleading an indication of the nature of the activities of the business as to be likely to cause harm to the public.

2

A person who uses a name in contravention of this section commits an offence.

3

Where an offence under this section is committed by a body corporate, an offence is also committed by every officer of the body who is in default.

4

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.