Saturday 6 December 2014

Off the Shelf Companies

A would-be director can purchase a company that has been formed by company formation agents but which has not traded (these are known as “shelf companies”).  These companies come with the very basic constitutional requirements, but it is possible and often desirable to alter the company’s name and constitution to met your specific needs, as explained below.
Once you have filed the necessary forms, paid the necessary fees and received a Certificate of Incorporation, you are free to use that company’s name for the purpose of all contracts entered into.

It is not uncommon, perhaps sometimes as a result of the unavailability of a specific name that is sought, to form a company with an unrelated name but use a different trading name going forward. 
This is perfectly acceptable provided that there are no copyright or other brand issues (i.e. using already established names in a similar business) and you need to ensure that the company name is referred to in all contractual, statutory and other legal documents.

For more information about forming a company call Francis Wilks and Jones on : 020 7841 0390 and ask for Senior Associate Sally Bradshaw