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Can I re-use my old company's name?

7 replies

MrsMuddlePluck · 27/06/2017 21:52

I would like at some point in the future, to resurrect my old company, but using the same name. We dissolved the company several years ago after disputes with a fellow director/shareholder and as we were also losing money anyway, we parted with bad feeling on both sides.

We 'promised' we would not re-use the company name but I can't find the contract where this is stated [maybe our accountant still has it?]. Can we, in law, re-use our company name anyway? It's now 4 years since the company was dissolved.

OP posts:
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Oogle · 04/07/2017 13:20

Not 100% on the legalities but if you register it as

Old Business Name (Location) Ltd

then surely they wouldn't have a leg to stand on with regards to the contract?

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dementedma · 04/07/2017 13:22

check with companies house if the name is still registered to both of you .

If there is a signed agreement i don't think you can do it. Might be worth bearing in mind that if the company was unsuccessful and folded, it might not be a name you want to be associated with now anyway.

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Grumpyoldpersonwithcats · 04/07/2017 13:32

I was contracting in the late 1990s and closed my limited company down in about 2002. When I went contracting again in 2010 my old company name was available so I used it again.
You just need to check on Companies House if the name is available.

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JamieLannisterToMyBedchamber · 04/07/2017 15:03

Agree with Oogle

You could also use date instead of location:

Old Business Name (2017) Ltd

Pretty sure that's watertight but yes, do check.

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ringle · 30/07/2017 13:24

Just to say that the advice here is incorrect (sorry folks).

You need to find that contract

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ringle · 30/07/2017 13:25

Apart from dementedma that is (who is correct).

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Wondermoomin · 30/07/2017 15:39

Be aware of phoenixing laws - you can google for details and the govt website is a good source. It depends on the circumstances of the previous company being dissolved. Apart from that as a PP has mentioned if there's a written agreement stopping you from using the name then you will need to abide by that (or risk being sued for breach).

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