Business Name Registration
Individuals who wish to trade under a name not their own true name, must register the name that they wish to trade with. This is so that the identities of the people trading under a name cannot be hidden. This legislation comes under the Registration of Business Names Act 1963.
Important Considerations:
• The registration of a business name does not protect the name from being used by someone else. A limited company name is protected.
• The Acceptance of the Business Name does not mean that the CRO will accept this name as a Limited Company Name.
• The name is not Registered until fully approved by the Companies Registration Office.
Only Residents in the Republic of Ireland can register business names as Sole Traders. If you are not a Resident of the Republic of Ireland you will need to submit a letter of business permission form the Department of Justice and a Stamp 4.
For Corporate:
A Company who wished to trade under a name that differs from its corporate business name must register the trading name. For example, if the company “Irish Vans Ltd” wants to use a trading name “Best Vans Ireland”, they must register this name.
Registration of a business name is obligatory if any individual or partnership (whether composed of individuals or bodies corporate or any combination of both) or any body corporate carries on business under a name other than their own true names. Its purpose is to make public the identities of those individual(s), partnerships or corporate bodies being the legal entity behind the business name.
Specifically registration of a business name is required if:
- an individual uses a business name which differs in any way from his/her true surname. It makes no difference whether the individuals first name or initials are added. So registration is required if, for example, Mr. John Murphy traded as Murphy Builders but not if he traded as Murphy or John Murphy);
- a firm uses a business name which differs in any way 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 in any way from its full corporate name;
- a person having a place of business in the State carries on the business of publishing a newspaper.