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Business Start Up - Register a Business Name in Ireland

Registration Obligation

Under the Registration of Business Names Act 1963 it is obligatory to register a business name in Ireland if any individual or partnership (whether individuals or bodies corporate) or any body corporate carries on business under a name other than their own true names without any addition thereto. There is a requirement to register a business name in the following circumstances:

• Where an individual uses a business name which differs in any way from his surname.
• Where a firm or partnership uses a business name which differs in any way from the true names of all partners who are individuals and the corporate names of all partners which are bodies corporate.
• Where a company uses a business name which differs in any way from its full corporate name.
• Where a person having a place of business in the State carries on the business of publishing a newspaper.

Registration Requirements

The particulars for registration are required to be furnished within one month of the date of the adoption of the name. If more than one month has elapsed they should be furnished as soon as possible.

The forms of application for registration, which are available from Parfrey Murphy are:

• For an individual - RBN1
• For a partnership - RBN1A
• For an Irish body corporate- RBN1B

No comparison is made by the registrar with the Trade Marks Index nor the Company Index or Business Names Register. It is advisable, therefore, to investigate the possibility of others having rights in the name which it is proposed to use before incurring expenditure on business stationery and other items that could require subsequent change.

The Register has the right to refuse the registration of any name, which in his opinion is undesirable. The applicant has the right to appeal against the Registar's decision to the High Court.

Certificate Of Registration

The Registrar issues a Certificate of Registration for each business name registered. A copy of the Certificate of Registration must be exhibited in a conspicuous position.

• In the case of a firm or individual at the principal place of business and in every branch office or place where business is normally carried on;
• In the case of a body corporate at its registered or principal office in the State and in every branch office or place where business is normally carried on.

The following points should be noted with regard to the registration of a business name:

• It does not give protection against duplication of the name;
• It does not imply that the name will necessarily prove acceptable subsequently as a company name;
• It does not authorise the use of the name if its use could be prohibited for other reasons. It should not for instance be taken as an indication that no rights (e.g. Trade Marks rights) exist in the name.

Letter Heading/Stationery

Once a business name has been registered any letterheads, stationery and cheques must show both the proprietor of the business name, i.e. the individual, partnership or company, and the business name itself. This is normally done along the following lines "John Smith T/A Cork Engineering Co.". The business name itself would appear in large type at the top of the letterhead, along with all the other usual information such as address and telephone number. The proprietor's name would normally appear at the bottom in small type.

If the proprietor of the business name is a body corporate the following additional information must be shown on business letters:

• The full name of the company (note that the only permissable abbreviation is Ltd. for Limited).
• The names and any former names of the directors and nationality if not Irish.

Additional particulars are required on letters and order forms for Irish registered companies (this does not apply to unlimited companies):

• The place of registration e.g. registered in Dublin, Ireland.
• The registered number i.e. number on Certificate of Incorporation.
• The address of the registered office (where this is already shown, the fact that it is the registered office must be indicated).

If the share capital of a company is mentioned on business letters and order forms, the reference must be to paid up share capital.

We would be delighted to meet with you at any time to discuss how to register a business in Ireland or any other matters that require expert and professional advice. Contact Maria Fahy.