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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
 Posted - 16 January 2009 : 11:42:16
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Hi All,
We are still trudging through the forms for BR and I wondered about future employment.
We are ceasing being a Limited Company and are going through the motions of winding up and being struck off.
What I want to do going forward is carry on doing a similar line of work but as a sole trader and I'm concerned about our comapny name, email logo etc.
Our previous company was xxx xxx LTD - now I want to trade as xxx xxx Agencies - using a similar logo and keeping our web / email addresses.
Is this possible or even legal or do we have to make a complete change?
Domain renewal is soon so its a good time to grab the bull by the horns either way.
Cheers
Tim
What doesn't kill you makes you stronger (I hope ;-) |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 January 2009 : 13:20:09
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Hi
providing that the word limited is deleted from the business name, logo and email addresses this is perfectly ok.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
Posted - 16 January 2009 : 15:55:25
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Hi John,
Thanks for this - is this written in law anywhere as my other half needs to read it to believe it (no disrespect intended)
Cheers
Tim
What doesn't kill you makes you stronger (I hope ;-) |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 January 2009 : 16:21:20
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Hi
I'm sure it will be written somewhere but can't set you in the right direction I'm afraid.
A limited company is a stand alone legal entity.
The only possible problem with doing as you suggest would be if the proprietors of the limited company and the soon to be sole trader / partnership were not one and the same.
The first existing business could claim that the new company would benefit from the name being almost identical. As the proprietors of both businesses you are entitled to do as you wish.
In a professional capacity I have seen this proposed for directors about to declare personal bankruptcy many times.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
Posted - 16 January 2009 : 17:26:55
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Thanks John.
This should save a great deal of money and time and hopefully get us going again quicker than if we had to start chopping and changing.
Cheers
TIM
What doesn't kill you makes you stronger (I hope ;-) |
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FamilyMan
Starting Member
6 Posts |
Posted - 16 January 2009 : 18:51:06
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| Was the company the cause of your bankruptcy ? I only ask as if so the creditors of the limited company could get nasty about you carrying on as if unscathed. We were forced to wind up our pretty substantial company due to collapse of major retailer and owing us loads. I set up as an individual / sole trader doing the same thing on a much smaller scale, (back on the tools effectively) didn't stop unscrupulous creditor of ltd co. knocking on our door and holding wife and family imprisoned for 4 hours and wielding a pick axe handle around the house "'cos we had just carried on!" apparently. He's now residing at her majestys pleasure mind, but still very scary, so ensure your safe. Absolutely True! Best of luck though and perhaps don't let better half read this then!! |
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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
Posted - 17 January 2009 : 11:04:27
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Thanks for this - we only have one creditor who is HSBC - and our Bank Manager is terrified of my wife so I doubt he'd be around with his pick axe handle - he'd probably end up with it inserted within him! 
The creditor may be a little p!$$ed off but there is nothing illeagal about using a similar name minus the LTD part I understand.
Cheers
Tim
What doesn't kill you makes you stronger (I hope ;-) |
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s4pps
Junior Member
252 Posts |
Posted - 18 January 2009 : 09:25:44
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quote:
Originally posted by FamilyMan
didn't stop unscrupulous creditor of ltd co. knocking on our door and holding wife and family imprisoned for 4 hours and wielding a pick axe handle around the house "'cos we had just carried on!" apparently. He's now residing at her majestys pleasure mind, but still very scary,
Oh my goodness! Thank heavens you were all okay!
I must admit my latest business was the cause of our debts and, although it hasn't put me off being self-employed, it has certainly put me off retail forever!
Suzanne x
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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
Posted - 19 January 2009 : 09:47:04
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Hi All,
See below for the insolvency.co.uk site doesn't this contradict the previous feedback...
[i]What is an example of a prohibited name?
Say the company in liquidation was registered at Companies House as ABC Limited and it used the trading name XYZ, then the following would apply:
* The registered name ABC Limited or XYZ Limited would be prohibited.
* The trading name ABC or XYZ would be prohibited.
* The trading name ABC or XYZ used by an unincorporated business (such as a sole trader or partnership) would be prohibited.
* If a company or business had a registered name or trading name so similar as to suggest an association with ABC or XYZ, the name would be prohibited.
[/i]
I've just set up a new website and emails using our old name minus the ltd and now it looks as if I've wasted a few more quid doing so - also if I trade under this name its a criminal offence...
HELP
What doesn't kill you makes you stronger (I hope ;-) |
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Mr.E.Guest
Junior Member
United Kingdom
121 Posts |
Posted - 19 January 2009 : 13:07:31
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Anyone got any feedback on this one - sorry to "bump" up but I'm eager to get my new website sorted and I don't want to use the old name if its illeagal...
What doesn't kill you makes you stronger (I hope ;-) |
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Topic |
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Running a business when BR
