Business Name Registration

A business name is a name used to carry on business by any individual, body corporate or partnership and which the name is not the same as their own true name.

The Registration of Business Names Act 1963

• An individual who trades under a name which is not his true surname. It makes no difference whether the individual’s first names or initials are added. So the Act would apply to Mr. John Murphy if he traded as 'O'Connor Murphy' but not if he traded as Murphy' or 'John O'Connor'.
• A partnership which does not trade under the true names of all partners who are individuals and/or the full corporate name of all partners which are bodies corporate
• A company which trades under a name which is not its full corporate name, for example Murphy Construction Limited' trading as Murphy Builders'.
• A person who, having a place of business in the state, carries on the business of publishing a newspaper

The applicant must have a place of business in the state and carry on business under a business name.

The registration requirements

You should note that registration of a business name:

• Does not give protection against duplication of the name
• Does not imply that the name will necessarily prove acceptable subsequently as a company name
• Does not authorise the use of the name if its use could be prohibited for other reasons. It should not for instance be taken as an indication that no rights exist in the name

Certificate of registration

The original certificate of registration must be exhibited in a conspicuous position:

• In the case of a firm or individual, at the principal place of business, with an official duplicate certificate so exhibited in every branch office
• In the case of a body corporate, at its registered office in the State with an official duplicate certificate so exhibited in every branch office

What information must be shown on documents on which the business name appears

In all business letters, circulars, catalogues in which the business name appears the following must be legibly stated in relation to the owner:

• In the case of an individual, his present name, any former names, and his nationality, if not Irish
• In the case of a firm, the present name, any former names, the nationality if not Irish, of all the partners in the firm

• In the case of a body corporate the full name of the company, the registered office address, the names and any former names of the directors, and their nationality, if not Irish

All Irish registered companies are required to mention the name of the company in legible characters in all business letters of the company, notices and publications, bills of exchange, promissory notes, endorsements, cheque's, orders for money or goods and in all invoices, receipts and letters of credit.

Additional particulars required to be displayed by a limited company on its business letters and order forms:

• The place of registration
• The registered number- number of Certificate of Incorporation
• The address of the registered office
• If the share capital of a company is mentioned in the business letter and order forms, the reference must be to the paid-up share capital

Business Name means the name or style under which any business is carried on. A company which has a place of business in the state and carries on business under a business name which does not consist of its corporate name without any addition is required to register that business name pursuant to the Registration of Business Names Act 1963. Firm is defined as "an unincorporated body of two or more individuals or one or more individuals and one or more bodies corporate or two or more bodies corporate, who have entered into partnership with one another with a view to publishing a newspaper or to carrying on business for profit".