Naming a company
The new Companies Act of 2008, just like the previous Act provides for name reservations. If a proposed name is rejected, the company may still be registered and the registration number then becomes the name of the company at incorporation, until such time as appropriate name has been reserved/approved.
In addition, the Act proposes reforming the criteria for acceptance in such a manner that it seeks to give maximum effect to the constitutional right to freedom of expression.
Complete form CoR 9.1 to reserve a name.
A filing fee of R75 is payable if submitted manually and R50 if filed electronically. The Act restricts a company name only as far as necessary to:
- Protect the public from misleading names which falsely imply an associate that does not exist;
- Protect the interest of the owners of names and other forms of intellectual property (such as trade marks) from other persons passing themselves off, or coat-tailing, on the owner’s reputation and good standing; and
- Protect the society as a whole from names that would fall within the ambit of expression that does not enjoy constitutional protection because of its harmful or other negative nature.
- The applicant for the name reservation MUST be the person submitting the new company registration documents.
- A name reservation is now valid for 6 (six) months.
- Reserved names may be extended for sixty (60) business days by completing form CoR 9.2. (R50 for the manual extension and R50 for extending the reserved name electronically).
- The Companies Act, 2008 does not make provision for the registration of a shortened or translated name.
- The formal implementation of usage of symbols and special characters will be publicised in due course.
- All languages are accepted, but a name reservation in a foreign language must be accompanied by a certified translation and certificate of translation.
- Names are allowed to be transferred from an applicant to another person by completing form CoR 11.1.
- In terms of associated names, the Commission will forthwith require proof from the associated company that a similar name is to be allowed.
- All the company name reservations filed immediately before 1 May 2011 are regarded as having been filed and reserved in terms of the new Act.
- All name reservations for close corporations filed with the Registrar under the Close Corporations Act before 1 April 2011, will be processed by the Registrar in terms of that Act, despite its repeal.
- The Commission will not accept CK7 and CM5 as from 1 May 2011, a new form CoR 9.1 shall be used to reserve the name.