View Full Version : Checking if an organisation name has been used


wendygs
20-12-2005, 15:31
If I want to set up an organisation do I have to make checks the name isnt being used if we want a name for our group for correspondence etc. If I do have to make checks what are these checks and with what organisations? Or can I just use any name?

Thanks

Andy
20-12-2005, 15:37
It depends on the nature of the organisation. If you intend to become a registered charity or a limited company then the name must be unique.

You could try typing the name into Google to see if it already is in use.

Jake01
20-12-2005, 15:42
Originally posted by wendygs
If I want to set up an organisation do I have to make checks the name isnt being used if we want a name for our group for correspondence etc. If I do have to make checks what are these checks and with what organisations? Or can I just use any name?

Thanks

Not specific enough.... If you are a company you can buy a name through a business lawyer as cheap as £50 and have it registered.

dandy
20-12-2005, 15:46
Further to Andy's post, both the Companies House and the Charity Commission websites have free-to-access registers of current company and charity names.

And as Andy rightly says, companies and registered charities need to have unique names. For unincorporated organisations this isn't the case (but beware if you ever want to become a company or charity!). I don't know what the situation is for co-operatives, mututals or IPS.

wendygs
20-12-2005, 16:14
We've also got a bank account for a name we used to operate under and want to change that account's name to our new name which at this stage may be an unincorporated not-for-profit voluntary group or something of that ilk. Is this likely to pose a problem and if so what do we need to do?

wendygs
20-12-2005, 18:36
Also wanted to know if it's possible to register for a unique name without either being registered as a company or with the Charity Commission. If it is possible to have a unique name without being either a company/charity how does one go about it, is there a fee and if so how much and to whom does this fee get paid?

Hope that's not too tall an order thanks

MrH
20-12-2005, 22:04
I think the only way to make absolutely sure that the name is unique is to register as a limited company (can be limited by guarantee for charities of not-for-profit organisations) - as there is no obligation to register other types of company, there is no way of checking the names uniqueness.

There are certain words you can't use in company names, and others that you have to get permission for or give justification for (such as Sheffield or Royal)

There are probably other advantages to setting up as a limited company

Jake01
21-12-2005, 04:20
Originally posted by wendygs
We've also got a bank account for a name we used to operate under and want to change that account's name to our new name which at this stage may be an unincorporated not-for-profit voluntary group or something of that ilk. Is this likely to pose a problem and if so what do we need to do?

You can open and operate a bank account in any name or change it at a later date ( business/charity).... that is not the problem.... the tax man is. If you are generating an income from this you need to register a company name with companies house and be subject to tax.... otherwise you may find yourself under scrutiny. Charities have special exemptions but you still need to register lawfully through a solicitor or your bank.... You will find the charge refundable through your next tax bill.

wendygs
21-12-2005, 07:35
Originally posted by MrH
I think the only way to make absolutely sure that the name is unique is to register as a limited company (can be limited by guarantee for charities of not-for-profit organisations) - as there is no obligation to register other types of company, there is no way of checking the names uniqueness.

There are certain words you can't use in company names, and others that you have to get permission for or give justification for (such as Sheffield or Royal)

There are probably other advantages to setting up as a limited company

Why would we need to get permission to use the name Sheffield if we are Sheffield-based and who would provide this permission?

MrH
21-12-2005, 07:45
Sheffield is a protected name to stop people manufacturing things and stamping them "Made in Sheffield" - I think Sheffield may be the only city with this protection.

Technically, the Cutlers' Company manages the name. In practice, if you try and register a company name with Sheffield in the title, Companies House will come back and check the details - a formality, usually. If you are in Sheffield then there won't be a problem using the name!

wendygs
21-12-2005, 07:49
Originally posted by Jake01
You can open and operate a bank account in any name or change it at a later date ( business/charity).... that is not the problem.... the tax man is. If you are generating an income from this you need to register a company name with companies house and be subject to tax.... otherwise you may find yourself under scrutiny. Charities have special exemptions but you still need to register lawfully through a solicitor or your bank.... You will find the charge refundable through your next tax bill.

For now our organisation doesnt have a name or income and to go ahead will cost money we dont have, so we need a name for funding applications and to change an existing bank account to that name. We think it would simplify things if we could ensure our name is unique to us and not used by anyone else so we'd like to know how to achieve this.

Also what issues do voluntary groups/societies have to consider the main purpose is to promote their activities? At this stage we want to formalise our organisation's existence to make funding applications for the money we need to deliver our organisational aims/objectives without having to bear direct costs ourselves.

wendygs
22-12-2005, 18:28
Originally posted by MrH
Sheffield is a protected name to stop people manufacturing things and stamping them "Made in Sheffield" - I think Sheffield may be the only city with this protection.

Technically, the Cutlers' Company manages the name. In practice, if you try and register a company name with Sheffield in the title, Companies House will come back and check the details - a formality, usually. If you are in Sheffield then there won't be a problem using the name!

Thanks explaining that Mr H. WOuld you happen to know if the same is true for an unlimited partnership or something of that ilk including a voluntary group, club or society etc?