The registration of a business name is essential if any individual or partnership or any body corporate carries on business under the other name. Specifically it is required if:

 

    * an individual uses a business name which differs from his/her true surname;

    * a firm uses a business name which differs from the true names of all partners who are individuals and the corporate names of all partners which are bodies corporate;

    * a company uses a business name which differs from its full corporate name; or

    * a person whose place of business is  in the State carries on the business of publishing a newspaper.

 

 

The details for registration must be presented within one month of the date of the business name adoption.

 

The forms of application for registration are:

 

    * Form RBN1: for an individual;

    * Form RBN1A: for a partnership;

    * Form RBN1B: for a body corporate.

 

The filing fee is €30.

 

You should note that registration:

 

    * does not protect 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.

 

The CRO does not check proposed business names against names on the registers of companies or business names. It is advisable to investigate the possibility of others having rights in the name which it is proposed to use before incurring expenditure on business stationery, etc.

 

You can check the register of companies and business names for free using the CRO web search facility (e.g. a search of the trademark register at the Patents Office).

 

 

 

The registrar issues a certificate of registration for each business name registered. A copy of the certificate of registration must be exhibited in a conspicuous position:

 

    * if it is a firm or individual - at the principal place of business and in every branch office or usual place of business;

    * if it is a body corporate - at its registered office in the State and in every branch office or usual place of business.

 

 

The name(s) of the proprietor(s) of a business must be shown on all business letters, circulars etc. If the proprietor of the business name is a body corporate the following information must be shown on business letters:

 

    * The full name of the company (where "Ltd" for Limited, "PLC" for Public Limited Company, etc.);

    * The names and any former names of the directors and nationality if not Irish;

    * Additional details are required on letters and order forms for Irish registered companies (but not for unlimited companies): The place of registration; the registered number; the address of the registered office (where this is already shown on the document, it must be indicated that this is the registered office); if the company share capital is mentioned on the business letters and order forms, the reference must be to the paid-up share capital.

 

 

When a change occurs in any of the details of a registered business name (name, address, etc.), it should be notified to the registrar within one month of the date of the change by one of these forms:

 

    * Form RBN2: for an individual;

    * Form RBN2A: for a partnership;

    * Form RBN2B: for a body corporate.

 

 

When an individual, partnership or body corporate ceases to carry on business under a business name, a Form RBN3 should be filed in the CRO within three months after the business has ceased. There is no fee for Form RBN3 and it should be signed as follows:

 

    * Individual: by the individual. In the event of his/her death - by personal representative of the deceased;

    * Partnership: by all persons who were partners of the firm when it ceased to carry on business;

    * Body corporate: by a director or a liquidator.

 

 

This information leaflet is vital for preparing documents for submission to the CRO, because it helps to minimise errors and avoid any delay in registering your documents.

 

In brief:

 

    * The appropriate fee must be lodged;

    * At the time of application to register a business name must be submitted in a correct form. Submission of incorrect forms only leads to delays in registration;

    * On all forms must be given the full name of the business and all of them must be dated.

 

Forms RBN1, RBN1A, RBN1B

 

    * The general nature of business must be completed;

    * There must be stated the full address of the principal place of business, a PO box number is not enough. An address outside the State is not acceptable;

    * There must be given the full date of adoption of the business;

    * RBN1 : The individual applying for registration must sign the form;

    * RBN1A : The forename name and surname of every individual who is a partner in the firm together with the corporate name of every body corporate which is a partner must be given on the form, which must be signed by either all the individuals who are partners and by a director or secretary of all bodies corporate which are partners, or by some individual who is a partner, or by a director or secretary of some partner body corporate. The form must be verified by a statutory declaration made by the signatory;

    * RBN1B : The form must be signed by a director or secretary of the company applying for registration.

 

 

 

For further information on this topic, please contact:

 

Name: CRO - General

Organisation: Companies Registration Office

Address: Parnell House , 14 Parnell Square , Dublin 1 , Ireland

Telephone: 01-8045200

Email: info@cro.ie