Business name and the use of Co and Associates

[Feldon]

I am looking at starting a new business in the new year and will be trading as a sole trader. I will be using own name as the business name but am considering adding either "& Co or & Associates", is it acceptable to include this in my business name when at least initially it will be just me?

 

[Feldon]

88 views and no oppions?

 

[spanish_inquisition]

Hi,

I think that would fell into "misleading" category. I said "I think".
I am also starting -not yet- as a sole trader and I am reading as much as I can on the legal bits and, actually, on everything else. I have been reading this page
triple w dot start dot biz slash business names ...
(I cant post websites...! Good luck finding it )

Regards
S.I.

 

[Feldon]

Thanks for the reply. I'm not trying to be misleading its just that I have a very short surname and I think it would sound better and more professional adding either Co or Associates.

Personally I don't think there is a legal issue and I know several businesses in my local area who have done the same, I just wanted to know whether people think it is an acceptable practice or not.

 

[spanish_inquisition]

I checked some legal docs from the House of Lords. I have underlined and bold a phrase. One more text follows it. Regards.

Misleading names
Clause 794: Name containing inappropriate indication of company type or legal form
1496. This clause replaces sections 33, 34 and 34A of the Companies Act 1985. These sections make it an offence for those entitled to carry on business under names using the statutory indicators of legal status for, respectively, public companies, private companies and community interest companies. Section 34 extends the protection to any contraction or imitation of the indicators for private companies; section 33 and 34A do not do the same for public companies and community interest companies.
1497. These clauses provide power for regulations to specify which indicators are protected and which similar words. It complements clause 53, which controls the use of statutory indicators of legal status in companies' registered names. It enables the protection to apply, for example, to "open-ended investment company".
Clause 795: Name giving misleading indication of activities
1498. This clause makes it an offence to use a business name that gives so misleading an indication of the nature of the activities of the business as to be likely to cause harm to the public. This clause complements clause 76 which gives the Secretary of State power to direct a company to change its registered name in these circumstances. This offence will apply throughout the UK.

AND ANOTHER TEXT I FOUND USEFUL. IN RED UNDERLINED THAT BIT.
Registration or Registering of a Trade / Trade Business Name.
In general, you are required by law to notarize (some states) Apply, Register & Get (Apply, Register & Get ) and publish (in some states) a Trade business name statement, (otherwise called a Assumed Business Name Certificate, DBA Doing Business As Statement, a Trade Business Name Certificate, or a Trade Assumed Business Name ) if the business name is a name that is different from the name of the proprietor, partnership or corporation doing business with that name.

Example, you are Al Pacone doing business as "Business Consulting Services" - you need to Apply, Register & Get the name "Business Consulting Services". Example: you are Hulliburton Corp, doing business as Robem & Cheetem - you need to Apply, Register & Get "Robem & Cheetem" under the corporation. In addition, if the business name includes the name of the owner and implies additional owners (for example: Al Pacone & Associates,) you are required to Apply, Register & Get a Trade business name as "Al Pacone & Associates". ​

 

[Scalloway]

AND ANOTHER TEXT I FOUND USEFUL. IN RED UNDERLINED THAT BIT.
Registration or Registering of a Trade / Trade Business Name.
In general, you are required by law to notarize (some states) Apply, Register & Get (Apply, Register & Get ) and publish (in some states) a Trade business name statement, (otherwise called a Assumed Business Name Certificate, DBA Doing Business As Statement, a Trade Business Name Certificate, or a Trade Assumed Business Name ) if the business name is a name that is different from the name of the proprietor, partnership or corporation doing business with that name.

Example, you are Al Pacone doing business as "Business Consulting Services" - you need to Apply, Register & Get the name "Business Consulting Services". Example: you are Hulliburton Corp, doing business as Robem & Cheetem - you need to Apply, Register & Get "Robem & Cheetem" under the corporation. In addition, if the business name includes the name of the owner and implies additional owners (for example: Al Pacone & Associates,) you are required to Apply, Register & Get a Trade business name as "Al Pacone & Associates". ​

The above seems to be a US text. I have been trading as a sole trader for five years using the first three characters of my post code followed by Associates. The bank and HMRC have never quibbled about it.

Using Associates or & Co gives an impression of larger business, but commits you to nothing.

 

[saxondale]

88 views and no oppions?

you can use associates, you can`t use Co.



HTH

 

[Scalloway]

:|

I know umpteen unincorporated businesses that use & Co in their name!

 

[saxondale]

:|

I know umpteen unincorporated businesses that use & Co in their name!

oh okay, OP - you can use either




HTH