ULAW PGDL: Law of Organisations Unit 3
Questions with correct answers.
Required ending for a company name - Correct Answer S59 CA 2006: private companies must end in
limited/ltd or welsh equivalent.
S58 CA 2006: public companies must end in plc/public limited company/welsh equivalent
Companies limited be guarantee have 'association' in their names.
Similarity to existing company names. - Correct Answer Company's name must not be the same as an
existing company (S66 CA 2006)
Company's name can be deemed the same as an existing company's name even if the names aren't
identical (Companies, LLP and Business (Names and Trading Disclosures) Regulations 2015 Schedule 3
explains when two names will be considered the same
Exceptions: when can an applicant register with a same as name? - Correct Answer Names Regulations
2015: if proposed new company will be part of same group as company/LLP with existing name AND
applicant has written confirmation the company/LLP has no objection to applicant using that name.
Which names are prohibited/restricted? - Correct Answer Name which is a criminal offence/offensive in
the opinion of BEIS (S53 CA 2006)
Approval of Secretary of State for BEIS is required for a name which suggests a connection with a
government department/authority (S54 CA 2006)
Certain sensitive words or expressions must be approved by Secretary of State for BEIS before use in
company/trading name.
Certain letters, characters, signs, symbols and punctuation cannot be used in Company name (name regs
2015)
,Trading/business names - Correct Answer Companies can trade using a different name from registered
name.
Names Regs 2015 and CA 2006: similar restrictions to those governing choice of company name
IN01 does not refer to a company's trading name-can be decided post-incorporation
Trademark infringement and passing off - Correct Answer If company/trading name is too like another
company's trademark, and owner of trademark makes a complaint- company name or trading name
may have to be changed.
Even if existing company's name is not a registered trademark- existing company may still act against
client in tort of passing off.
What is a registered office? - Correct Answer Address to which correspondence from Companies House
and official documents will be sent.
A place where certain records must be kept.
Many companies will also have statutory books (records which a company is required by statute to
maintain) at their registered office.
Does a company need a registered office? - Correct Answer Insert address of registered office on IN01.
This is publicly available, cannot be kept private.
Must have registered office address as same part of UK in which company is registered.
Common for small companies to use company's accountants' or solicitors' address as registered office.
, How to change a company's registered office? - Correct Answer Board resolution is required (S87 CA
2006)
The company must file form AD01 at Companies House
Change of registered office address takes place when registrar changes it but documents can still be sent
to the previous registered office for 14 days after change and they will be deemed to have been sent to
the registered office.
Rules surrounding directors a company should have. - Correct Answer Include name and date of birth on
IN01.
Every company must have at least one director, public companies must have two or more- S154 CA 2006
Every company must have at least one director who is a natural person, i.e., a human being (S155(1) CA
2006)
Directors must be 16 or over (S157 CA 2006) if they are an individual.
What is a director's service address? - Correct Answer Service address= address to which any official
documents for director must be sent.
Must be inserted on IN01 for each director.
Directors usually choose to use company's registered office as service address rather than their
residential (home) address.
Directors' residential addresses and incorporation of a company - Correct Answer Will not appear on the
public register unless director chooses to use their residential address as their service address.
Are shared with specified public authorities (SPAs) and credit reference agencies (CRAs)
Questions with correct answers.
Required ending for a company name - Correct Answer S59 CA 2006: private companies must end in
limited/ltd or welsh equivalent.
S58 CA 2006: public companies must end in plc/public limited company/welsh equivalent
Companies limited be guarantee have 'association' in their names.
Similarity to existing company names. - Correct Answer Company's name must not be the same as an
existing company (S66 CA 2006)
Company's name can be deemed the same as an existing company's name even if the names aren't
identical (Companies, LLP and Business (Names and Trading Disclosures) Regulations 2015 Schedule 3
explains when two names will be considered the same
Exceptions: when can an applicant register with a same as name? - Correct Answer Names Regulations
2015: if proposed new company will be part of same group as company/LLP with existing name AND
applicant has written confirmation the company/LLP has no objection to applicant using that name.
Which names are prohibited/restricted? - Correct Answer Name which is a criminal offence/offensive in
the opinion of BEIS (S53 CA 2006)
Approval of Secretary of State for BEIS is required for a name which suggests a connection with a
government department/authority (S54 CA 2006)
Certain sensitive words or expressions must be approved by Secretary of State for BEIS before use in
company/trading name.
Certain letters, characters, signs, symbols and punctuation cannot be used in Company name (name regs
2015)
,Trading/business names - Correct Answer Companies can trade using a different name from registered
name.
Names Regs 2015 and CA 2006: similar restrictions to those governing choice of company name
IN01 does not refer to a company's trading name-can be decided post-incorporation
Trademark infringement and passing off - Correct Answer If company/trading name is too like another
company's trademark, and owner of trademark makes a complaint- company name or trading name
may have to be changed.
Even if existing company's name is not a registered trademark- existing company may still act against
client in tort of passing off.
What is a registered office? - Correct Answer Address to which correspondence from Companies House
and official documents will be sent.
A place where certain records must be kept.
Many companies will also have statutory books (records which a company is required by statute to
maintain) at their registered office.
Does a company need a registered office? - Correct Answer Insert address of registered office on IN01.
This is publicly available, cannot be kept private.
Must have registered office address as same part of UK in which company is registered.
Common for small companies to use company's accountants' or solicitors' address as registered office.
, How to change a company's registered office? - Correct Answer Board resolution is required (S87 CA
2006)
The company must file form AD01 at Companies House
Change of registered office address takes place when registrar changes it but documents can still be sent
to the previous registered office for 14 days after change and they will be deemed to have been sent to
the registered office.
Rules surrounding directors a company should have. - Correct Answer Include name and date of birth on
IN01.
Every company must have at least one director, public companies must have two or more- S154 CA 2006
Every company must have at least one director who is a natural person, i.e., a human being (S155(1) CA
2006)
Directors must be 16 or over (S157 CA 2006) if they are an individual.
What is a director's service address? - Correct Answer Service address= address to which any official
documents for director must be sent.
Must be inserted on IN01 for each director.
Directors usually choose to use company's registered office as service address rather than their
residential (home) address.
Directors' residential addresses and incorporation of a company - Correct Answer Will not appear on the
public register unless director chooses to use their residential address as their service address.
Are shared with specified public authorities (SPAs) and credit reference agencies (CRAs)
