Part 5A company's name

Chapter 3Similarity to other names

Similarity to other name on registrar's index

66Name not to be the same as another in the index

(1)

A company must not be registered under this Act by a name that is the same as another name appearing in the registrar's index of company names.

(2)

The Secretary of State may make provision by regulations supplementing this section.

(3)

The regulations may make provision—

(a)

as to matters that are to be disregarded, and

(b)

as to words, expressions, signs or symbols that are, or are not, to be regarded as the same,

for the purposes of this section.

(4)

The regulations may provide—

(a)

that registration by a name that would otherwise be prohibited under this section is permitted—

(i)

in specified circumstances, or

(ii)

with specified consent, and

(b)

that if those circumstances obtain or that consent is given at the time a company is registered by a name, a subsequent change of circumstances or withdrawal of consent does not affect the registration.

(5)

Regulations under this section are subject to negative resolution procedure.

(6)

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