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How Will Existing Contracts Be Affected By Company Name Change?

Discussion in 'General Business Forum' started by ycoder, Feb 21, 2013.

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  1. ycoder

    ycoder UKBF Newcomer Free Member

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    I incorporated a company 2-3 years ago to sell iPhone apps through. Subsequently I became a contractor and began selling my services through the company which is great. However the name, which felt appropriate for the App Store, now just feels a little embarrassing.

    The company currently has a couple of contracts which refer to it by name (obviously) - one of which will be a real pain to get the other party to sign again. If I change the name of the company now how long can I legally keep trading under the former name?

    I have about 2-3 months left on the difficult to re-sign contract - so I could wait it out. But it's where most of my revenue comes from and so I'm looking to find a new customer to replace it right now and want to do so under the new name.
     
    Posted: Feb 21, 2013 By: ycoder Member since: Mar 9, 2012
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  2. SBlundell

    SBlundell UKBF Enthusiast Full Member - Verified Business

    752 185
    I am not a legal expert, so hopefully one will be along to clarify shortly, but I'm fairly certain the answer is No. The contact is with your company, it doesn't matter if you change the name from Ben to Julie, it's still the same legal entity.

    Furthermore, you could change Company A Ltd's name to Company Z Ltd, but within Company Z Ltd also trade as A.

    However, I would assume you would be best advised to notify the existing customers so they don't get confused in the future!

    Found it! S81 of the Companies Act 2006 says:

    81Change of name: effect
    (1)A change of a company's name has effect from the date on which the new certificate of incorporation is issued.
    (2)The change does not affect any rights or obligations of the company or render defective any legal proceedings by or against it.
    (3)Any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.
     
    Last edited: Feb 21, 2013
    Posted: Feb 21, 2013 By: SBlundell Member since: Aug 10, 2011
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