20. Consent to registration of a name which is the same as another in the Registrar's list of company names
Past version: effective from 18/04/2016 - 17/04/2016
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(1) If the conditions in paragraph (2) are met, then
(a) a company may be registered under the Companies Regulations by a name which would be deemed the same as another on the Registrar's list of company names, and
(b) a Proposed Trade Name which would be deemed the same as another on the Registrar's list of company names or the same as another on the Registrar's list of Approved Trade names may be approved by the Registrar.
(2) The conditions are —
(a) the company or other body whose name already appears in the Registrar's list of company names or who is the Trade Name Holder of the Approved Trade Name in question ("Body X") consents to the Proposed Same Company Name or Proposed Trade Name being the name of a company or the Approved Trade Name of the person making the relevant Trade Name Application (as the case may be) ("Body Y"),
(b) Body Y forms, or is to form, part of the same group as Body X, and
(c) Body Y provides to the Registrar a copy of a statement made by Body X indicating —
(i) the consent of Body X as referred to in sub-paragraph (a), and
(ii) that Company Y forms, or is to form, part of the same group as Body X.
(3) If the Proposed Same Company Name or Proposed Trade Name is to be taken by a company which has not yet been incorporated, the copy of such statement must be provided to the Registrar instead by the person who delivers to the Registrar the application for registration of the company (and the reference in paragraph (1) to the conditions in paragraph (2) shall be read accordingly).
(4) The Registrar may accept the statement referred to in paragraph (2)(c) as sufficient evidence that the conditions referred to in paragraph (2)(a) and (b) have been met.
(5) If the consent referred to in paragraph (2)(a) is given by Body X, a subsequent withdrawal of that consent does not affect:
(a) the registration of Body Y by that Proposed Same Company Name, or
(b) Body Y's registration as the Trade Name Holder of the relevant Approved Trade Name
(6) In this Rule —
(a) "group" has the meaning given in section 446(1) of the Companies Regulations, and
(b) "Proposed Same Company Name" means a name which is, due to the application of Rule 19 and Schedule 3, considered the same as either a name appearing in the Registrar's list of company names and differs from that name appearing in the list by any of the matters set out in inverted commas in paragraph 5 of Schedule 3.