Before registering a Company Name, it is important that those forming a company check the acceptability of their proposed Company Name before submitting documents to the CRO, as an objection may arise after registration which could result in the company being directed to change its name by the Registrar, pursuant to Section 30 of the Companies Act 2014.
Section 30 of the Companies Act 2014 states that if your chosen name is too similar to the name of another company, and is accepted for registration by the CRO, through inadvertence or otherwise, an objection on grounds of similarity could be made in writing to the Registrar of Companies within six months following the incorporation of your company and you could be directed by the Registrar to change the name. In considering whether names are too alike, the Registrar will take account of all relevant factors suggesting similarity and leading to confusion between the names of the two companies.
If the Registrar directs a company to change its name, the change must take place within six weeks of the date of the Registrar’s direction or such longer period as she may allow. A company that fails to comply with the direction will be eligible for prosecution.
Please note: A proposed Company Name should not conflict with a registered Business Name or Trade Mark as any person claiming to have a right to that name could take an infringement action or a civil passing off action to protect their interests.
Please Note: The CRO does not check proposed Company Names against names on these registers, the onus is on those forming a company to check the acceptability of their proposed Company Name before registration.
Reservation of a Company Name is provided for under Section 28 and Section 29 of the Companies Act 2014.
You can reserve a Company Name on CORE.
A company name can be reserved for both a new company or an existing company changing its name. However, please note that you cannot reserve a Business (Trading) Name.
A Company Name can be reserved for 28 days, the cost of an application to reserve a name is €25.00. You will be reminded by e-mail after 23 days of the expiry date.
You should print out the RCN Certificate and submit it with your application for registering a new Company. If this application is presented within the 28 days specified, the fee will be reduced by the €25.00.
You may extend the reservation by a further 28 days and this will cost another €25.00. The reservation may not be extended any further than this and a fresh application will be necessary after that. You should still print out the RCN Certificate and submit it with your application for a new company. If this is presented within 28 days – now extended up to 56 days – the total reduction in fees remains at €25.00.
The CRO may refuse a Company Name, if:
Applicants are, therefore, advised not to incur expenses relating to the proposed name, such as preparing signs, headed note-paper, or stationery, before you receive a certificate of incorporation, a RCN certificate, which confirms that the Company Name is registered.
If your application is considered and rejected you will be invited to modify your application and you can submit it again free of charge. This does not have to be submitted immediately. This modification can be repeated until your application has been accepted. If your application is accepted then you will be informed by e-mail and a RCN certificate will be placed in your workspace in CORE.
If you have any queries regarding this system please contact us:
Phone (01) 804 5200
E-mail: info@cro.ie
The following guidelines are to assist in assessing the acceptability or otherwise of company names:
Only companies which are particular company types may have the following words in their name:-
Under the Companies Act 2014, company types are included at the end of the name of the company unless exempted, please see below.
It is possible to incorporate a company with limited liability without including the company type “Designated Activity Company” or “Company Limited by Guarantee” at the end of the company’s name.
The phrases “Designated Activity Company” or “Cuideachta Ghníomhaíochta Ainmnithe” (see Section 971 of the Companies Act 2014 for more information) or “Company Limited by Guarantee” or “Cuideachta faoi theorainn Ráthaíochta” (see Section 1180 of the Companies Act 2014 for more information) may be dropped from the company’s name where:
The Registrar will refuse to register as a DAC limited by shares, or by guarantee, any association about to be formed as a limited company by a name which does not include the word “Designated Activity Company” or “Cuideachta Ghníomaíochta Ainmnithe” unless a statement pursuant to (c) above has been delivered.
The Registrar will refuse to register as a CLG, Company Limited by Guarantee, any association about to be formed as a limited company by a name which does not include the word “Company Limited by Guarantee” or “Cuideachta faoi theorainn Ráthaíochta” unless a statement pursuant to (c) above has been delivered.
Section 971(4)/1180(4) provides that a company which was exempt, pursuant to Section 24(1) Companies Act 1963 (as amended), from including the company type in its name is prohibited from altering its constitution so that it ceases to comply with the requirements of Section 971(1)/1180(1).
Section 971(5)/1180(5) provides that if it comes to the Registrar’s attention that a company which has claimed the exemption from using the company type has carried on any business other than the promotion of any of its objects, or has applied any of its profits or other income otherwise than in promoting such objects, or has paid a dividend to any of its members, the Registrar may in writing direct the company to change its name within such period as may be specified in the direction so that its name ends with the relevant company type and the change of name shall be made by the company in accordance with Section 30 of the Companies Act 2014.
A person who provides incorrect, false or misleading information in the statement furnished pursuant to Section 971(1)(c)/1180(1)(c), or alters its constitution in contravention of Section 971(4)/1180(4), or fails to comply with a direction from the Registrar under Section 971(5)/1180(5), shall be guilty of a category 3 offence, prosecutable in the District Court by the Registrar.
A reduced rate of tax may apply in the case of a company which is precluded by its constitution from distribution of any part of its profits among its members. This is a matter for decision by Revenue. Please note that if a company wishing to avail of the Section 971/1180 exemption also intends to seek charitable status from Revenue, the main object of the company must be charitable and a specific clause must also be inserted in its memorandum of association.
New Company
Applicants should furnish the following documents, all of which must be filed together, to the CRO in respect of a company which is applying for incorporation:
Existing Company
Applicants in respect of a company that is already formed, i.e. which has already registered a constitution with the CRO and obtained a certificate of incorporation, should furnish to the CRO the following documents, all of which must be filed together:
It is not the function of the Registrar of Companies to ensure that the constitution of a company is framed so as to express the intentions of the members/proposed members.
Every Company must paint or affix its name on the outside of every office or place in which the business is carried on, even if it is a directors home.
The Company Name must be both conspicuous and legible.
In addition, the company must state its name, in legible lettering, on company letter heads, order forms, invoices, etc.
For further information on the statutory requirements, please visit Letterheads.
Once incorporated, a company can change its name.
Please visit Change of Name for more information.