Can i register a company name of dissolved company

If a person or company wants to do business under a name other than their legal name, they need to file a "doing business as" DBA registration with the state, county, or city. This registration permits a person or business to work under a name other than their personal legal name or the name their company is registered as. If the name you would like to use is a name that has been registered as a DBA name, you'll need to check if a DBA cancellation has been filed.

It is generally required that the business cancel the registration when they stop using the name. If it has been cancelled, you can submit your own DBA registration for the name. Even if a company name has been abandoned and is available for your use, it may not be the best choice to use it. It's possible the company's name was trademarked with other states or with the federal government, so even thought the name might be available in your state, if you try to use it in other states, you could be barred from doing so.

Another consideration is that when you take on an existing name, you take on its reputation. So, if the previous company had problems with customers or creditors, this could reflect poorly on your company. It can also simply be confusing for consumers if you use a name they associated with a different company in the past.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

Permission to Take Over a Name One way to be authorized to use another company's name is to get their permission to do so. State Registration of an Abandoned Name If you aren't able to get permission or don't want to try but know that the name is no longer in use, you can go ahead and submit the documents for forming your company to your state. UK We use some essential cookies to make this website work.

Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Business and industry Re-use of company names. The Insolvency Service. Contents 1. Background 2. The restrictions 3. Examples of common scenarios 4. When can a prohibited name be used the exceptions 5. What should I do if I am using a prohibited name?

Changing a company or business name 7. Applying for permission to re-use a prohibited name 8. How to complain about somebody who is using a prohibited name Print this page. Background The provisions of the Insolvency Act , sections and were introduced to tackle phoenix syndrome. This may include, but is not restricted to any trading names including registered trade marks or brand names whether owned by the liquidated company or others any similar name that suggests an association with the liquidated company This ban applies to anybody who has acted as a director of the liquidated company, whether formally appointed or not, in the 12 months before the date of the liquidation.

Examples of common scenarios It is often difficult to decide if a name is a prohibited name. If the company in liquidation was called ABC Limited trading as XYZ it would be an offence for a former director to be a director or take part in the management of the following unless an exception applies or the court has given permission to use the name : a company having the registered name ABC Limited or XYZ Limited a company having any other name if it trades, or partially trades, using the name ABC or XYZ a company with a name so similar as to suggest an association with ABC or XYZ The same rules apply if you are concerned in carrying on an unincorporated business for example as a sole trader called ABC or XYZ.

When can a prohibited name be used the exceptions There are three exceptions to the ban. Important points you should note you cannot give notice under this rule if you are already using the prohibited name for example, this means that if the first insolvency event is liquidation and you are already re-using the name at the date of liquidation, you cannot use this rule we consider that you cannot give notice under this rule if the company is not already in liquidation, administration, administrative receivership or in a CVA as the arrangement must be made with the liquidator, or other office holder, who is legally entitled to enter into the arrangement on behalf of the company at the time notice is given the arrangement to acquire the whole or substantially the whole of the business must be a detailed agreement and not a vague intention where the details of the arrangement, such as the price, have not already been agreed it is your responsibility and not that of the insolvency practitioner to make sure that the legal notice is given.

Important point to note: the 7 seven day period in rule You can apply for permission at any time during the 5 years, but you cannot use the name until permission is granted. Changing a company or business name If you choose to change a company or business name or trading style, you must remove the old name from all public facing information and replace it with the new name. Applying for permission to re-use a prohibited name You can apply to the court for permission to re-use a prohibited name at any time in the 5 years following the date of the liquidation.

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