Sensitive Words and Expressions in Company Names - What You Need to Know
In the UK, some Sensitive words and expressions need APPROVAL before they’re included in a company name or an LLP name.
These words are regulated because they have the potential to mislead, cause confusion, or harm the public when misused.
Regardless of the type of business you intend to establish, it’s essential to familiarise yourself with the rules and restrictions on sensitive words and expressions before choosing a name.
The name you pick for your business is what Companies House will keep in their register. For this reason, we’ll discuss ‘sensitive words and expressions’ in company names and what to do if your new company has them.
What are Sensitive Words and Expressions?
Specific words are classified as ‘sensitive’ due to their possibility of misleading and confusing the public.
Hence, the use of such words in a company name needs approval from the Secretary of State or relevant authorities before Companies House registers it.
If the relevant body doesn't object to the use of a word, you must provide supporting documents to Companies House to prove it. A detailed list of these sensitive words and expressions is accessible online, and further details on government departments or regulatory bodies whose permission must be sought. Some of these sensitive words are;
- Association
- England/English/British
- Fund
- Foundation/Fund/Society/Trust
- Government/Parliament
- Insurance
- His Majesty, or any other term or name connected with the Royal family
- The name of a profession you are not qualified to perform.
These rules are designed to stop businesses from offering false impressions (intentionally or unintentionally) about what they do or are associated with. The restrictions ensure that the public isn’t misled or harmed by the use of inappropriate or sensitive words in a name.
Where to Find Sensitive Words and Expressions
The Company, Limited Liability Partnership and Business Regulations 2014 is where Sensitive Words and Expressions are set out.
- Schedule 1 covers 134 sensitive words that need approval from the Secretary of State to use in a company name. It applies to businesses and limited liability partnerships.
- Part 2 of Schedule 1 outlines words and expressions that need approval for use in company names and LLPs.
- Schedule 2 of the directives contains the list of the government departments and other specified bodies that must approve individual cases before the use of these words.
- Part 2 of Schedule 2 is where Government departments or public authority must be sought by LLP or companies with an appropriate registered office address.
Annex A is where Companies House offers a comprehensive list of sensitive words and expressions. Each restricted word displays, alongside its approval criteria, contact information for the specific body to seek views and approval.
Annex B outlines a list of sensitive words that could depict an indirect connection to the UK government, a local public authority, or a particular public authority. There’s also information on the contact bodies and expected approval criteria.
Annex C consists of protected or regulated legislation besides sensitive words statutes. Details on the approval criteria and specific contact bodies are also displayed below every word or expression.
Incorporating Sensitive Words in Your Company, LLP, or Business Name
If you prefer to incorporate any sensitive words in your company, business, LLP, or business name, ensure you justify the use to the relevant body.
The body can only acknowledge their view or comments without expressing approval. However, they can oppose the use of a sensitive word.
Once you have an answer and a written comment, now seek approval from the Secretary of State at Companies House.
Include a copy of the body’s response, a letter or an email of approval as a supporting document to Companies House. The copy will act as a point of reference when they make the final decision.
Illustrations of Sensitive Words and Expressions
Now that you know the classifications of sensitive words and expressions, below is a list you can reference and seek permission to use in your company name.
A Name that Proposes Business Pre-eminence, a Specific Status, or a Function
‘King’ suggests a Royal link or accreditation and is considered a sensitive word.
Here, you must request a non-objection letter from the Constitutional Policy Team at the Cabinet Office (for companies registered in England or Northern Ireland).
If the company is registered in Wales, request a letter of approval from the Branding Manager in the Communications Division of the Welsh Government.
As for Scottish companies, you need the Protocol and Honours Team at the Scottish Government to state why you want to use the word. Here are more words and expressions that fall in the same category.
- Bank
- Police
- Britain
- Post office
- Federation
A Name that Suggests a Link to the UK Government, a Devolved Administration, or a Specific Local or Public Authority
‘Court’ suggests a connection to a court or tribunal and is considered a sensitive word.
In this case, you need to petition a non-objection letter from the Ministry of Justice expressing why you want to use the word. Here are related words or expressions in this category.
- Assembly
- Home office
- Border Agency
- UK Government
- National Health Service
The Name Includes a Word that Represents a Regulated Activity
‘Dentist’ suggests professional qualification in dentistry and is considered a sensitive word.
To use this word, you must seek written approval from the General Dental Council and present it as proof of your dental qualification. Here are more words and expressions that fall in the same category.
- Apothecary
- Optician
- Chemist
- Physician
- Solicitor
The Name Includes a Word Whose Use Could be an Offence
‘Architect’ is a sensitive word, and it can’t be used without approval. But when used in these contexts, ‘golf course architect’, ‘naval architect’ or ‘landscape architect’.
There’s a need to request a non-objection letter from the Architects Registration Board as proof that you’re a qualified architect. Here are more words in this category.
- Anzac
- Olympic
- Geneva Cross
- Spirit in motion - Due to the connection in the Olympic games
- Red Cross
How to Seek Approval from the Secretary of State at Companies House
If you believe a sensitive or restricted word is suitable for your new company name, you must seek approval as you incorporate the business.
- When applying to register your new company or LLP, provide;
- The proposed name in full
- A copy of the written response from the relevant Government department or other specified body.
When you want to change the name of an existing company or limited liability partnership, apply for approval from Companies House. Form NM01 is used when applying for a name change or form LL NM01 to change an LLP name.
Notify Companies House about the change by sending a copy of the name form and a copy of the letter of approval to support the use of the sensitive word(s).
Companies House only registers company names and limited liability partnership names, not business names. However, for a business name with sensitive or restricted words in Annexes A to C, permission from the Secretary of State at Companies House is required.
Write to Companies House and provide a copy of your non-objection letter. Send your non-objection letter to a Companies House branch where the business is located (England, Wales) to Cardiff, Belfast or Edinburgh. The addresses of these Companies House branches are online.
New Legislative Changes
Changes on Company and business names legislation in the UK came into effect on 31st January 2015.
Some words are now overlooked to distinguish between registered company names. Moreover, several common words are no longer deemed ‘sensitive’. They include:
- Group
- United Kingdom
- Holding
- European
- Register, registration, registry, registered
- International
Registering a Company Name
You have the option to use the expertise of a company formation agency to register your company online and then send the documentation to Companies House.
The Companies House Web Incorporation Service doesn’t provide registration services to a company name with sensitive words.
Before starting the application process, search through Companies House if your proposed company name is available.
Once you’re sure the name is available and has no sensitive words or expressions, you can go ahead and register the new company.
Form Your Company with Incorpuk Today
At Incorpuk, we will help you file accurate information when you register your company through us. We will help you with incorporation articles, a registered office address, and all you may need to register your company in the UK. Contact our team if you seek any information; we will gladly assist.
Tips for Choosing the Right Company Name
Naming your company isn’t just about finding a fancy name for your business. There are rules and restrictions surrounding the use of sensitive words and expressions in your company name. You should also consider that your company is a reflection of what you do and your long-term goals. Here are some tips to guide you when choosing a company name.
- Check the naming guidelines in your country - Wales, England,
- Scotland
- The proposed company name shouldn’t be similar to an existing one
- Choose a name that’s easy to spell and read
- The name should be web-friendly
- Make the name memorable but not too unique
- Don’t limit yourself
- The name should resonate with your brand
What if I have Necessary Approval to Use Sensitive Words or Expressions
Once you have an available company name fitting all naming regulations, choose a company logo. You need to supply Companies House with all supporting documents when you file for incorporation.
If you’re using a formations agent, upload all necessary documents for the incorporation process. Choose a formation agent who is up-to-date with any changes in legislation in regard to sensitive words or expressions.
Frequently Asked Questions
Will I pay more for using a sensitive word or expression?
You don’t incur extra costs if your company contains a sensitive word or expression. However, in some scenarios, a word or expression is only allowed for specific types of companies.
Can I use ‘Trust’ in my business name?
The word 'trust' is considered sensitive, and you need approval before using it in a company name. Trust has no definite definition, meaning every company with the word is considered individually as to why they want to use the sensitive word.
Can I use Scotland in my company name?
It’s not okay to Scotland in a company name as it is one of the protected names by Companies House. Others include English, England, Wales, Scottish, Welsh, and Northern Ireland. But you can consist of the country name in a company name if it’s registered within the country.
Can I name my company after me?
You can name your LLC after yourself, but the law recommends the inclusion of LLC after your name when referring to your business.
The Bottom Line
The secondary legislation governing the use of sensitive words and expressions in Company, Limited Liability Partnerships and Business Names is under Regulations 2014. These statutory restrictions are put in place to support legal and social standards while maintaining fair business practices. The legislation protects the public from confusion and potential mislead by creating a non-existent affiliation. Thus, once you decide to register a new company, do a thorough name search to ensure it’s available and similar to no other. Plus, you should ensure your company name has no sensitive words or expressions, and you can find a comprehensive guide on this online.