C3C4C2Part 5A company's name

Annotations:
Modifications etc. (not altering text)
C3

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

C4

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)

Chapter 4Other powers of the Secretary of State

C176Misleading indication of activities

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 be likely to cause harm to the public, the Secretary of State may direct the company to change its name.

2

The direction must be in writing.

3

The direction must be complied with within a period of six weeks from the date of the direction or such longer period as the Secretary of State may think fit to allow.

This does not apply if an application is duly made to the court under the following provisions.

4

The company may apply to the court to set the direction aside.

The application must be made within the period of three weeks from 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.

6

If a company fails to comply with a direction under this section, 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.