Complicated Name Issue???

Complicated Name Issue???

Didn't find your answer?

I am the director and shareholder of a limited company, the name of which incorporates my married surname. The company is now well-established, and all my clients know me by my married name.

Venturing out on a completely different business idea, I set up another limited company, in addition to the one above, however having gone through a divorce, I want to revert back to and operate using my maiden name.

I intend to keep both companies running, and I do not want to change the name of my first company or my name as my clients know me, merely because of the recognition factor, but I want to be known by my maiden name in my new company, the industry sector of which is completely different from my first company.

I have absolutely no intention to deceive anyone by the above, however can I do what I am proposing, or will I be breaking Company law?

Many thanks for any advice.

Heather

Replies (3)

Please login or register to join the discussion.

Teignmouth
By Paul Scholes
20th Apr 2001 01:26

Just a little extra
The 288(a) form Neil mentions also requires you to enter "other directorships" ie don't wait till the annual return form arrives. To play safe perhaps you should also register the new directorship on the former company's record by completing a 288(c). In this way perhaps you cut down on possible confusion. In case you don't have them to hand the forms are on the companies house web site and can be completed on line or downloaded, for printing. www.companieshouse.gov.uk.

But, I still have doubt over the situation long term. There is a need for far stricter controls over defaulting directors leaving a trail of unhappy companies and creditors in their wake and I am sure that suspicion will arise within Company Investigation Branch (dti) over directors with several names, addresses, or even dates of birth!

In a few months therefore it might be wise to revisit this and see if you still feel as sure over the impact on the original business and contacts of a change of name (or even identity??).

Hope this helps and if you follow Football, you will understand why I wish I had a maiden name for a fresh start!

Paul

Thanks (0)
avatar
By neileg
12th Apr 2001 09:17

Complex indeed
English law on names is complex, and mostly based on common or case law, not statute.

Basically, your name in law is that by which you are known, never mind all this deed poll malarkey.

I know of nothing that specifically prevents you being known by more than one name, but as you, and Jay point out, you should avoid misleading information.

Form 288 (notification of directors) has room for previous names. I would suggest that including both your married and former names would be sufficient disclosure of the facts. The guidance notes on the form point out that maiden names need not be disclosed, but for clarity I would spell things out here.

Thanks (0)
avatar
By AnonymousUser
11th Apr 2001 21:21

Complicated double identity!
Heather,

It looks that you may be done for misrepresentation. You could use your either name provided you make it absolutely clear what your previous/current name is on the electrolar register. For example, a married woman may acquire her husbands surname but also uses her maiden name in brackets as (nee Jones or something).

Since you want to start another company, you will have to register your other interests in other companies in Company's Annual Return. Perhaps, this may be the ideal place to state your both names by which you are known (in both company's Returns). this avoids any misrepresentation on your part.

When you sign contracts or any other official documents, perhaps you should also notify that you are also known as "so and so". The Inland Revenue should also be notified that you are the same person, different names, same NI number, same address but directorship in 2 different compnaies.

Sorry, I can't be of any help.

Good luck.

Jay Tanna

Thanks (0)