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4 Key Essentials to Changing your Company Name

Posted in Category(ies): Company Name Change

4 Key Essentials to Changing your Company Name

1. How to change your Company Name?

  • Directors to approve name change

  • Shareholder(s) to approve name change

  • File statutory Form G1Q in Companies Registration Office

  • Assuming name approved the Registrar will issue a Change of Name Certificate

 

2. Can I choose any name I like?

No, there are guidelines, e.g. a name will not be permitted if it is:

  • exactly the same as, or, too like another name on the register

  • offensive

  • suggests state sponsorship

 

3. Guidelines for choosing a name

  • The following are not considered sufficiently distinctive: service, company, corporation, place names.

  • Avoid phonetically similar names

  • The use of numbers to distinguish between companies with identical names is forbidden, as is the word “standard”

  • Use additional words for distinction

Certain words may need pre-approval from other sources, e.g. the use of the word “bank” must be approved by the Central Bank.

 

4. Finally, a word of caution

Your chosen name could be rejected, so hold off ordering new headed paper until you have received the Certificate of Change of Company name!

 

In my next blog, I’ll give you a useful checklist to refer to after your name has been changed.

If you’ve any questions, please ask by using the comment box below.

 

 

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Welcome to our first blog entry on the Companies Bill 2012! We hope you join us and enjoy as we add useful content about the practical impacts of this ground breaking piece of Company Law

Posted in Category(ies): Company Law

Welcome to our first blog entry on the Companies Bill 2012!

We hope you join us and enjoy as we add useful content about the practical impacts of this ground breaking piece of Company Law legislation on Irish businesses.This blog sets the stage and gives you a brief background for the basis of the change and also explains how the actual Bill is structured.

 

Setting the Stage

Enactment of The Companies Bill 2012 is expected during November 2014 and commencement June 2015.

The Bill replaces the current Companies Acts 1963 – 2013, merges them into one piece of legislation and also includes some welcome additional reforms.

The CLRG Report back in 2001 stated that the “The private company limited by shares….should be the primary focus of simplification” and has set out to produce a “state of the art company law code”.

 

Breakdown of Companies by type on the CRO Register

The pie chart shows the breakdown of company type on the CRO Register

Currently, company law acts from the perspective that the majority of companies are plcs – placing a cumbersome administrative burden on small private companies.

As you can see the majority of Irish Companies (almost 90%) are private companies limited by shares.

Architecture of the Bill

The bill is set out in 2 sections. Volume 1 (15 parts) deals solely with Private Company Limited by Shares and Volume 2 (10 parts) deals with other company types; designated activity companies (DAC) PLCs, guarantee companies, unlimited companies, , unregistered companies and investment companies.

Private Companies Limited by shares are dealt with in Parts 1 –14 and Designated Activity Companies (DAC) dealt with by 1-14 and by 16; to the extent that 16 modifies or dis-applies the first parts, (table below refers).

 

COMPANIES BILL 2012
Volume 1 Volume 2
Part 1: Preliminaries, housekeeping and definitions Part 16: Designated Activity Companies
Part 2: Incorporation, registration and conversion Part 17: Public Limited Companies
Part 3: Share Capital, shares and certain other instruments Part 18: Guarantee companies
Part 4: Corporate Governane Part 19: Unlimited Companies
Part 5: Director Duties Part 20: Re-registration
Part 6: Financial statements, annual return and audit Part 21: External Companies
Part 7: Charges and debentures Part 22: Unregistered compnies and Joint Stock Companies
Part 8: Receivers Part 23: Public Offers of securities, financial reporting by traded companies etc
Part 9: Re-organisations, acquisitions, mergers and divisions Part 24: Investment Companies
Part 10: Examinerships Part 25: Miscellaneous
Part 11: Winding up  
Part 12: Strike-off and restoration  
Part 13: Investigations  
Part 14: Compliance and enforcement  
Part 15: Regulatory and advisory bodies  
   

All  Private Companies Limited by Shares must convert to either the new “CLS” (Private Company Limited by Shares) , or the “DAC” (Designated Activity Company).

Our next blog will give an overview of the features of both the new “CLS” and “DAC”

 

 

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Change of Company Name Checklist

Posted in Category(ies): Company Name Change

In our last blog we looked at the guidelines around choosing a company name.

Today, we give you a useful checklist for reference once you have changed your company name.

Remember, when a company changes its name it must show the previous name for one year from date of change. For example “Heavens Name Limited [formally Good Name Limited}”

  1. Company Secretarial Issues
  • Update Company Registers
  • Display change of Name Certificate
  • Purchase new company seal
  1. Stationery
  • Graphic design for new logo/branding
  • Headed paper
  • Business cards
  • Domain Name
  • Email address
  • Fax auto answerback
  • Franking machines
  • Name badges
  1. Listings
  • Telephone Directory
  • Domain name listings
  • Subscriptions to trade magazines
  1. Internal Documents
  • Check all internal documents i.e.
  • Accounting Documents i.e. Invoices, Purchase orders, Statements
  • Accounting software
  • Internal Memos
  • Voicemail
  • Email signatures
  • Employment Contracts
  • Training material
  • Office Templates
  1. Bank
  • Advise your Bank
  • Cheques and statements
  • Credit & Debit Cards
  1. External
  • Leasing agreements
  • Insurance policies
  • Contracts
  • Links to external Websites
  • Licences
  • Social Media
  • Linkedin
  • Twitter
  • Facebook
  • Pinterest
  1. HR
  • Employee handbooks
  • Pension benefits
  • Recruiting Templates/Job Descriptions
  • Internal awards
  • Health Insurance
  1. Sales & Marketing
  • Website
  • Presentation Templates
  • Golden Pages
  • Telephone Directory
  • Packaging
  • Sales literature
  • Brochures
  • Flyers
  1. Professional Advisors
  • Accountants
  • Auditor
  • Solicitors
  1. SIGNAGE
  • Vehicles
  • Premises
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