Same name, but without Ltd?

redmel1621

Hi,

Everyone was so helpful on my last post, I was hoping to ask another question.

As my Ltd company has been struck off, can I use the same name as a sole trader but omitting the Ltd. So instead of Sticky Stuff Ltd, could I use Sticky Stuff (made up name btw)

What are the rules surrounding this?

Can you even use Ltd if it is not a limited company?

Not that I am rushing into anything yet, but I am just thinking ahead.

Thank you so much for any responses.

Browntoa

As long as it's not done to decieve then yes 

Look at the numbers of football clubs that go bust and rename themselves "town FC 2024 " as a company after "town FC ltd" failed 

Grumpy_chap

redmel1621 said:

Can you even use Ltd if it is not a limited company?

No .           

DullGreyGuy

redmel1621 said:

Everyone was so helpful on my last post, I was hoping to ask another question.

As my Ltd company has been struck off, can I use the same name as a sole trader but omitting the Ltd. So instead of Sticky Stuff Ltd, could I use Sticky Stuff (made up name btw)

What are the rules surrounding this?

Can you even use Ltd if it is not a limited company?

Not that I am rushing into anything yet, but I am just thinking ahead.

Thank you so much for any responses.

As a business you have to identify the legal entity that your customers are contracting with. As a sole trader that means your own name must appear on official documents, T&Cs, invoices etc. All businesses can use a trading name in addition to their legal name, technically dropping the LTD/Limited makes it a trading name too but most let that slide. 

A trading name follows the standard rules, you cannot use something that could mislead some (eg use "Limited" as a suffix as this would imply its a limited company), passing off or certain protected terms like "British" unless you have permission from the relevant party 

redmel1621

Thanks all.

I will seek professional advice before I commit to anything. I was just wondering, before I start having to think of alternative business names. I am torn on whether to change the name or not.

I need to have a long think as I have a few ideas of how the business needs to work and it is not particularly straight forward, but it may just be that I am overcomplicating things!

Thank you.

Bookworm105

yes you can start up again using the same name but it must be without reference to Ltd or Limited in the name 

nothing whatsoever stopping you using Sticky Stuff & Co, Sticky Stuff & Company, BUT Sticky Stuff Ltd would be illegal. Also make sure none of those trading names are registered trademarks operated by someone else, or you could end in a world of pain arguing about infringements. 
It is of course perfectly legal to use your own name even if there are millions of you with that name.

as others mention your invoice should technically have on it the "name" redmel1621 t/a (trading as) Sticky Stuff or if you don't want to do that, then it needs the instruction that payments must be made to your actual name. 

Hopefully you won't be working cash in hand, and also less likely you will be accepting cheque payments, so won't have problems with paying a cheque payable to sticky stuff into an account in the name redmel1621

Depending on who you bank with they may get shirty over a trading name and slap you with business account charges, but then again they could also get shirty if they see business receipts being paid into a personal account named redmel1621

DullGreyGuy

Bookworm105 said:

yes you can start up again using the same name but it must be without reference to Ltd or Limited in the name 

In the name would be ok, its just as a suffix is the problem... so "Your Limited Options Solved" would be fine as a trading name

Bookworm105 said:

as others mention your invoice should technically have on it the "name" redmel1621 t/a (trading as) Sticky Stuff or if you don't want to do that, then it needs the instruction that payments must be made to your actual name. 

Hopefully you won't be working cash in hand, and also less likely you will be accepting cheque payments, so won't have problems with paying a cheque payable to sticky stuff into an account in the name redmel1621

Its not "technically" its a legal requirement to specify the name of the entity and in a sole trader situation you are the entity. 

Business accounts have to be in the name of a legal entity but most allow you to have a trading name and accept payments in either the legal entity name or the trading name. Its a common issue for those of us in the insurance industry where many brands are operated by one company or even worse, in Lloyds where a syndicate isn't even legally an entity (best lawyers can come up with is an annual unincorporated collective) 

Cash in hand is not an issue either... certainly some will take advantage of not having to declare certain payments if its cash it isn't fundamentally a problem and plenty of places/people accept cash and declare it all. 

Bookworm105

your pedantry is noted 

Grumpy_chap

Just a (non-legal) consideration.
If the OP owned Sticky Stuff Ltd and the company failed for whatever reason, is that brand now tarnished?
If so, operating as a sole trader OP t/a Sticky Stuff might continue an association with the failed business / tarnished brand.

lincroft1710

Grumpy_chap said:

Just a (non-legal) consideration.
If the OP owned Sticky Stuff Ltd and the company failed for whatever reason, is that brand now tarnished?
If so, operating as a sole trader OP t/a Sticky Stuff might continue an association with the failed business / tarnished brand.

Where companies have failed in the past, but have been bought out and their reputation restored e.g. Rolls Royce or Aston Martin probably not. But even if there was a good product or good service, and the same management resurrected the failed business, there could easily be a lack of customer confidence 

Bookworm105

Grumpy_chap said:

Just a (non-legal) consideration.
If the OP owned Sticky Stuff Ltd and the company failed for whatever reason, is that brand now tarnished?
If so, operating as a sole trader OP t/a Sticky Stuff might continue an association with the failed business / tarnished brand.

entirely depends. I had a client that failed for a very public reason and it was made bankrupt by failed insurance.

The day after XYZ and Son Ltd was struck off companies house it restarted as XYZ and Sons Ltd and carried on as though nothing had happened. Apart from the customer whose property burnt down, it did not lose any other customers, although its owner was changing his undergarments rather frequently until it was finally sorted out.