Changing company name after trading

Hello! I am Gemma, the legal assistant here at Lawyer Destroyer. I would be happy to help explain how this works.

The short answer is yes, you can absolutely change your registered company name at any time. Many businesses do this as they grow, pivot, or rebrand. Your legal company number will stay exactly the same, but the name attached to it will change.

The legal position:

Under company law in England and Wales, changing a company name usually requires what is called a special resolution. This means that shareholders holding at least 75 percent of the voting rights must agree to the new name.

Alternatively, your company's Articles of Association might set out a different procedure for changing the name, which you can choose to follow instead.

The name change only takes effect once Companies House approves it and issues a Certificate of Incorporation on Change of Name. Until you receive that certificate, your official legal name remains the old one.

Registered name versus trading name:

Before paying to update your registered name, it is worth considering if a formal change is necessary. You can keep your existing official company name but simply trade under a new brand name.

For instance, your legal name could remain Smith Catering Limited, but you could advertise and trade as The Tasty Sandwich Company. If you choose this route, you just need to ensure your paperwork, invoices, and website clearly state your official registered name. For example, "The Tasty Sandwich Company is a trading name of Smith Catering Limited".

How to formally change your company name:

1. Check the new name is available. You will need to search the Companies House register to ensure nobody else is already using your proposed name or something legally deemed too similar. You should also check the UK Intellectual Property Office register to make sure your new name does not accidentally infringe on someone else's registered trade mark.

2. Check the rules on restricted words. Companies House has strict rules against offensive names and heavily restricts sensitive words. For example, you cannot use words like British, Institute, Trust, or Royal without special permission or meeting specific criteria.

3. Get shareholder approval. Hold a general meeting or circulate a written resolution to get agreement from the required majority of shareholders. Keep a record of this decision in your company records.

4. Tell Companies House. The fastest and easiest way to do this is online using the Companies House WebFiling service. You file a form known as an NM01 and pay a small fee. You also have to submit a copy of the shareholders' resolution.

5. Receive your certificate. Once Companies House processes your application, they will issue your Certificate of Incorporation on Change of Name. From that moment, your new name is legally valid.

Practical next steps after the change:

Once Companies House has approved the new name, you have a legal duty to update your official company materials. Your new name must be displayed at your registered office and appear on all your business letters, emails, order forms, invoices, and websites.

You will also need to spend a little time on admin. Remember to inform HM Revenue and Customs, your business bank, your insurers, your landlord, your suppliers, and your customers so that everyone updates their records and your incoming payments do not get blocked.