Sensitive Words

1. What are 'sensitive words and expressions'?

These are words and expressions that, when used in a company name, may imply business pre-eminence, a particular status or a specific function. For this reason, they require the approval of the Secretary of State. The aim is to ensure that use of the word is justified so that the public is not misled by the name. Companies House act on behalf of the Secretary of State in dealing with applications for approval of such words and expressions.

The information given on this page serves as a useful knowledge base for our customers but as the requirements for the sensitive words is fairly complex we advise you to contact us in the first instant if your chosen company name contains a sensitive word.

The sensitive words are divided into different categories listed in Appendices A, B and C (see below) depending upon the legislation under which they are covered.

For words listed in Appendix A, certain conditions must be met and these are outlined in the paragraphs below.

For words listed in Appendices B and C, a letter of no-objection has to be obtained from the relevant body. The criteria for sensitive words are fairly complex and we advise you to contact us in the first instant, by phone on 020 8568 6785 or email support@eformations.co.uk.

APPENDIX A

(a) Words which imply national or international pre-eminence:

(b) Words which imply business pre-eminence or representative or authoritative status:

(c) Words which imply specific objects or functions:

The following conditions must be met for words listed in Appendix A

• British - approval of this word in your company name will depend on how it is used. The company will have to be British owned and you would need to show that the company is pre-eminent in its field by providing supporting evidence from an independent source such as a Government department or a trade association.
  
  If the word 'British' is qualified by words that do not describe an activity or product, for example by using a 'made-up' word, then evidence of pre-eminence is not necessarily essential. But you would be expected to show that your company is substantial in relation to its activity or product and that it is eminent in its own field.



• England, English, Scotland, Scottish, Wales, Welsh, Ireland or Irish - if you wish to use these words as a prefix to your company name, the rules are similar to those for 'British'. You will usually be given approval to use any of these words as a suffix if you show that the company has its main place of business in the country concerned. If you want to use one of these words because it is a surname, you will usually be given approval if the company name includes forenames or initials.



• European - names which include this word will not be approved if they unjustifiably imply a connection with official bodies of the European Union. If there is a genuine connection with an official body, the name may be allowed if the appropriate body supports the application.



• Great Britain or United Kingdom - if you wish to use these expressions as a prefix, or to use 'of Great Britain' or 'of the United Kingdom' as a suffix, then the criteria are the same as for 'British'. If the words are used as a suffix to the name, they are normally allowed without difficulty. Using the initials 'GB' or 'UK' in your company name does not require approval.
  



• International - if you wish to use this word as a prefix, you need to show that at least 70% of the company's activities is in trading overseas. If you wish to use it as a suffix, then approval will usually be given if you can show that the company operates in two or more overseas countries. You will need to give us the names of the countries you will be carrying out business with.
  



• National - the criteria for use of this word are the same as for 'British'.
  



• Association, Federation or society - if you wish to use one of these words, your company would need to be limited by guarantee. Each member should have one vote and the constitution should contain a non-profit distribution clause. This provides that any profits should be used to further the objects of the company and not be paid to the members as dividends.
  



• Authority, Board or Council - if you want to use any of these words, you should ask us for advice.
  



• Institute or Institution - approval for use of these words is normally given only to those organisations which are carrying out research at the highest level or to professional bodies of the highest standing. You will need to show us that there is a need for the proposed institute and that it has appropriate regulations or examination standards. You will need evidence of support from other representative and independent bodies.
  



• Assurance, Assurer, Insurance, Insurer, Re-assurance, Re-assurer, Re-insurance or Re-insurer - if the name is needed for an underwriting company, we will normally seek further advice. However, if you want to use the name for a company that will only provide insurance services, then you should include the appropriate qualification, for example 'agents', 'consultants' or 'services', in the name.
  



• Benevolent, Foundation or Fund - names that include any of these words will be refused if they unjustifiably give the impression that the company has charitable status. If the company is limited by guarantee and has a non-profit distribution clause in the memorandum of association, then the name will normally be approved.
  



• Charter or Chartered - names that include these words will be refused if they unjustifiably give the impression that the company has a Royal Charter. If the words are used to qualify a profession, we will seek the advice of the appropriate governing body before considering whether to give approval.
  



• Charity - approval for a name including this word normally depends on the company being registered with the Charity Commission. A company's objects should be charitable and the memorandum of association should contain a non-profit distribution clause.
  



• Chemist or Chemistry - if you want to use these words, you should seek further advice from us.
  



• Co-operative - if you wish to use this word, your company's Memorandum and Articles of Association should follow the rules generally associated with co-operatives in the UK.
  



• Friendly Society or Industrial and Provident Society - we will refer names which include these expressions to the Registrar of Friendly Societies for advice..
  



• Group - if use of this word implies several companies under one corporate ownership, then you will need to provide evidence of a parent and/or subsidiary association with two or more other British or overseas companies. If the name clearly shows that the company is to promote the interests of a group of individuals, then the name will normally be approved.
  



• Holding(s) - a company wishing to use this word must hold at least 51% shares of a British or overseas company.
  



• Patent or Patentee - a name including either word will only be approved if it does not contravene the Copyright, Designs and Patent Act 1988.
  



• Post office - we are likely to seek advice on applications that include these words.
  



• Register or Registered – Companies House will  treat every application for use of these words on its merits. Generally, they will seek advice from the appropriate governing body if names that include these words are linked with a professional qualification. The name will not be registered if it unjustifiably implies a connection with HM Government or a local authority. If such a connection actually exists, the name may be allowed if the appropriate body supports the application.
  



• Sheffield - if you wish to use a name that includes the word 'Sheffield', Companies House will need to establish details of the company's location and its business activities. They will also consult the Company of Cutlers in Hallamshire.
  



• Stock exchange - names including this expression will normally be refused unless there are special circumstances.
  



• Trade union - names including this expression will normally be refused unless they conform to legislation relating to trade unions.
  



• Trust - the word 'trust' can be used in many different senses. Each application is dealt with on its merits but the main uses of this word are as follows:
  



• Charitable trust - these companies need to have charitable objects and a non-profit distribution clause in the memorandum of association. You will be asked for confirmation that you have made, or will make, an application for registration as a charity with the Charity Commission. Scottish companies wishing to use the expression 'charitable trust' will need to apply to the Inland Revenue in Edinburgh as the Charity Commission has no jurisdiction in Scotland.
  



• Educational trust or artistic trust - such companies should have a non-profit distribution clause in the memorandum of association and the name should reflect the nature of the trust. The promoters should be of high standing in the field.
  



• Enterprise trust - these companies must have a non-profit distribution clause in the memorandum of association and they must be able to provide evidence of support from, for example, local authorities, businesses or banks.
  



• Family trust - such companies must be non-profit distributing and the objects must reflect the nature of the trust. Names of family trusts will usually be approved if the name as a whole identifies the company as such.
  



• Financial trust or investment trust - if you wish to use these expressions, you will need to provide a written assurance that substantial paid-up share capital or other funds will be achieved within a reasonable period after incorporation.
  



• Pensions or staff trust - the names of such companies must include the name of the parent company, and the objects of the company must include the operation of pension funds.
  



• Unit trust - if you wish to use this as part of your company name, you should seek our advice in the first instant.

APPENDIX B

Words or expressions in the following list need the approval of the Secretary of State. If you want to use any of them in your company name you will need to write first to the relevant body to ask if they have any objection to its use. When you apply for approval to use the name you should tell Companies House that you have written to the relevant body and enclose a copy of the reply you have received.

APPENDIX C

Certain words or expressions are covered by other legislation and their use in company names might be a criminal offence. These are listed below. If you want to use any of these words or expressions in your company name, then you should contact the relevant regulatory authority or ask us for advice before proceeding.