Want to change my ltd compnay name to one thats already disolved

JPS29

Hi.

Long story cut short....
Started out selling car parts, van parts and vehicles. Set up ltd company called XYZ salvage (fictional 1st part) now want to soley concentrate on vehicle sales.
Have seen the name I would like XYZ vehicle sales and checked on comapnies house and it was in use but the company has now been disolved.

Would there be any problmes in me changing my ltd co. name to this one?

Thanks in advance

Mistral001

There was a recent thread about this subject:

https://forums.moneysavingexpert.com/discussion/3640317

Pennywise's post in the thread is very comprehensive.

However, why would you want to name yourself after a company that has just gone bust. Apart from having a name which is connected with a failed business, some of your suppliers might need a lot of convincing before they supply you as they might not believe that you have nothing to do with the business that has gone bust.

JPS29

Hi MIstral,

Sorry, I cant see the part about using a dissolved companies name, unless I am being really thick?
Re using another companies name. Its not like its xyz sales, think "premier car sales" etc. No real, linkable identity other than the name, different directors, based in two entirely different parts of the country, added to the fact that Co, house would allocate a different co. number if regstered again.

Mistral001

JPS29 wrote: »

Hi MIstral,

Sorry, I cant see the part about using a dissolved companies name, unless I am being really thick?
Re using another companies name. Its not like its xyz sales, think "premier car sales" etc. No real, linkable identity other than the name, different directors, based in two entirely different parts of the country, added to the fact that Co, house would allocate a different co. number if regstered again.

In the tone of John Cleese:

Looks like you will have to find a firm called something like "Using a Dissolved Companies Name Advice 'R' Us" in that case!!!

Plenty in the Yellow Pages I believe!!

JPS29

MIstral, don't understand the sarcasm?
I asked for advice,you posted a link up which didnt contain info relevant to my question, then when I ask you to clarify and give further reasoning for my decision you come back with an arsy answer?

Mistral001

JPS29 wrote: »

MIstral, don't understand the sarcasm?
I asked for advice,you posted a link up which didnt contain info relevant to my question, then when I ask you to clarify and give further reasoning for my decision you come back with an arsy answer?

Well I thought the whole post was relevant. Lots of advice on the law about names of companies and how companies protect them and the things that Companies House are and are not interested in.

The bit about "Passing off" has come up a few times on this forum and is the one that could affect you especaily if the name is trademarked. Trademarks might not disappear with disolving of the company and it might be owned by an individual say a former director of the company.

Flat_Eric

I would give Companies House a ring. They are very helpful. I expect you will need to speak to the Information Centre in Cardiff if its a company based in England and Wales.

Even if a company is dissolved, its still possible for it to be restored so the name you want may not be immediately available.

Premier_2

JPS29 wrote: »

Hi.

Long story cut short....
Started out selling car parts, van parts and vehicles. Set up ltd company called XYZ salvage (fictional 1st part) now want to soley concentrate on vehicle sales.
Have seen the name I would like XYZ vehicle sales and checked on comapnies house and it was in use but the company has now been disolved.

Would there be any problmes in me changing my ltd co. name to this one?

Thanks in advance

If the name you wish to call your company is shown as dissolved, it no longer exists and you can change your company name to it if you wish (subject to no one beating you to it, no similar names existing, etc)

Check the name you want reallyis dissolved on the CH website, then just do a name change

Premier_2

Flat_Eric wrote: »

I would give Companies House a ring. They are very helpful. I expect you will need to speak to the Information Centre in Cardiff if its a company based in England and Wales.

Even if a company is dissolved, its still possible for it to be restored so the name you want may not be immediately available.

If a dissolved company is restored, and it's name has now been used by another company, the former dissolved company will have to choose another name

http://www.companieshouse.gov.uk/about/pdf/gp4.pdf (page 19)

texranger

Mistral001 wrote: »

There was a recent thread about this subject:

https://forums.moneysavingexpert.com/discussion/3640317

Pennywise's post in the thread is very comprehensive.

However, why would you want to name yourself after a company that has just gone bust. Apart from having a name which is connected with a failed business, some of your suppliers might need a lot of convincing before they supply you as they might not believe that you have nothing to do with the business that has gone bust.

what makes you think if a company is dissolved its gone bust. i have 4 ltd companies all dormant to give some protection on business names. I recently disssolved a company name as i was no longer trading in that feild. all you do is fill a form in from companies house and pay them a £10 fee and the name is dissolved (removed from register), but i have not gone bust.

JPS29

texranger wrote: »

what makes you think if a company is dissolved its gone bust. i have 4 ltd companies all dormant to give some protection on business names. I recently disssolved a company name as i was no longer trading in that feild. all you do is fill a form in from companies house and pay them a £10 fee and the name is dissolved (removed from register), but i have not gone bust.

Tex, this was exactly my point. I'm not looking at re-registering a liquidated company, just a disolved one.
Thanks for your input, very helpful