Company Registration Name: Incorporation and Names

Incorporation and Names

Here is a basic guidance for you to assist you in the Herculean task to incorporate a company and choosing a perfect name for it. Hope the write up will help you in your endeavor to set up the company in the right way and by adhering to the different norms and regulations. So, let’s take a step-by-step approach and propel through the hectic ordeal of establishing a company.

First Find out whether you are Eligible to Set up a Company or Not?

One or more person having a lawful purpose can form a company. A ‘person’ in law signifies an individual or companies or other corporations. Whoever wants to form a company must subscribe their name(s) to the memorandum of association and must adhere to the legal requirements. Henceforth, they will be referred as “subscribers”.

What are the main Types of Company?

There are four main types of company and they include,

Private company (limited by shares): A company having a share capital and each of the member has a liability, which is limited to the amount, if any, unpaid on their shares.  This type of company cannot offer its shares for sale to the general public.

Private company (limited by guarantee): This type of company does not have a share capital and the members are referred as guarantors other than shareholders. 

Private unlimited company: This is a form of company, which may or may not have a share capital but there is no limit to the liability of the.

Public limited Company: This is a company having a share capital and the amount of liability bore by each member is limited to the amount unpaid on their shares.

What are the Forms and Documents that need to be filed?

Setting up a company involves lots of obligations and hence it is wise to take the advice of an experienced accountant or solicitor, however, let me provide you with the names of the set of documents and forms required. They are,

1. Articles of Association
2. Memorandum of Association;
3. Application to register a company (Form IN01)

How to set up a Registered Office for the Company?

Every company in UK should bear a registered office, which must physically present. You will find a section in the Form IN01 offering you to select an option for whether you want the office to be at England and Wales or Wales or Northern Ireland or Scotland. There is also another section looking for the address-registered office of the company on incorporation. You can very well put either the business address or the accountant’s address or some other address of your choice but be sure that the address should be such, where the notices and official letters can be delivered.

How to Name a Company?

A name should be chosen for a company before it is incorporated. You must check the company’s Index to be sure that the name chosen by you should not exist there. Even if it is the case that you were the sole trader to choose the name before, still you cannot choose the same name again. It is an advice to you to check the “Trade Marks Register of the UK Intellectual Property Office” to have the assurance that the name selected by you is not infringing on an existing trademark.

It is been specified in ‘The Company and Business Names (Miscellaneous Provisions) Regulations 2009” that which are the character and punctuations to be used in the company’s name. If you want to include a specific expression or word in the name, then a prior permission needs to be taken. The same rule goes for an expression related to the “Her Majesty’s Government”, “a local authority or a specified official body” or “a devolved administration”.

How to gain the “Certificate of Incorporation” ?"

Once after all the necessary examinations, it is proved that all the rules have been followed in a correct way the company will be incorporated and the company’s will be registered in the database of the Company House. Hence the ‘Certificate of Incorporation’ will be issued with the unique name for the company and the number.