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Business Name Registration Questions

Business Name Registration Questions

Business Name Registration Procedures in Ireland. How to Register a Business Name.

class="style72"The most frequently asked questions relating to Business Name Registration requirements, procedures and issues.

Q: When Am I Obliged To Register a Business Name ?

A: an individual who starts a business and uses a Business Name or business names which differs in any way from his/her true surname is obliged to register a business name. It makes no difference whether the individuals first name or initials are added. So registration of a Business Name is required if, for example;

if Mr. John Murphy traded as Murphy Builders but not if he traded as Murphy or John Murphy.

if a firm 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;

if a company uses a business name or business names which differs in any way from its full corporate name;

if a person having a place of business in the State carries on the business of publishing a newspaper.

Q: What Other reasons might I have to Register a Business Name?

A: You may register a business name to:

Effect the Registration of a Domain Name.

Open a Bank Account for the lodgement of cheques made out to a business name other than that of an individual.

To carry out business under a "catchy" marketing/ trading name.

Q: What about the Business Name - Will My Choice of Business Name be approved?

A: Your proposed choice of business name requires approval by the Registrar but generally and unless the name is offensive in nature, approval will be granted.

Q: Will my business name be protected against use by others, once it is registered?

A: No, Business Name Registration of itself, affords no protection whatsoever in terms of limitation of liability e.g. as in the case of a private limited company or with regard to protection of the business name being registered. No business name search is performed by the authorities with reference to the Trade Marks Index, Company Index or existing Business Names Register.

As there are no business name checks performed (as is the case when registering a limited company) be aware that any other third party or entity may register a similar or identical business name to the one you may be considering and or indeed multiple business names similar to the name you are registering. It is, therefore, advisable to investigate the possibility of others having rights in the name which it is proposed to use, prior to incurring expenditure

In order to fully protect a business name/trading name you should consider trade marking the name although this can be an expensive process.

Q: Do I need a Business/ Office Address in Ireland?

A: Yes, the Business Address must be located in the Republic of Ireland.

Q: Can I Use my Home Address as the Business Address Registered Office?

A: Generally Yes, although a business may be run from home using you residential address, note that in certain circumstance the Registrar may deem your residence as being an unsuitable location from which to carry on a commercial enterprise. All official" correspondence is sent to the  registered business address. 

Q: What about Business Debts & Liabilities?

A: The sole trader or partners in a partnership are solely responsible for the entire debts of a the business. This is in contrast to the limitation on the liabilities afforded to company members/shareholders in the case of a limited company.

Q: What are the Business's Obligations after Registration?

A: The business will need to register with the Revenue Commissioners for tax, VAT, etc. See information on tax registration services for sole traders and partnerships. 




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