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Business name not exactly right

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  • 25-03-2016 12:26pm
    #1
    Registered Users Posts: 116 ✭✭


    When setting up my business name as a sole trader i ended up with 3 that was very similar and eventually registered one that i liked however in the aftermath of registered i was very busy and somehow ended up making an oversight and have left one word out in my now business name logo and now my website. After spending money on flyers,business cards, van signs and my website and logo ive came to realize the oversight ive made.

    For talks sake if my sole trader business name thats registered with revenue is called irish workforce and all what i mention above is irish works, is it a straight forward process to contact revenue and change it to irish works or will i have to go through a whole new process of closing down irish workforce and restarting with irish works.

    I understand that i have been a bit of a fool for letting this go on for over a year but with being really busy and thinking its not that important, i just always put if off untill now.


Comments

  • Registered Users Posts: 28,098 ✭✭✭✭TitianGerm


    soccercrew wrote: »
    When setting up my business name as a sole trader i ended up with 3 that was very similar and eventually registered one that i liked however in the aftermath of registered i was very busy and somehow ended up making an oversight and have left one word out in my now business name logo and now my website. After spending money on flyers,business cards, van signs and my website and logo ive came to realize the oversight ive made.

    For talks sake if my sole trader business name thats registered with revenue is called irish workforce and all what i mention above is irish works, is it a straight forward process to contact revenue and change it to irish works or will i have to go through a whole new process of closing down irish workforce and restarting with irish works.

    I understand that i have been a bit of a fool for letting this go on for over a year but with being really busy and thinking its not that important, i just always put if off untill now.

    Can you not register a trading name. So Irish Workforce T/A Irish Work?


  • Registered Users Posts: 116 ✭✭soccercrew


    emmetkenny wrote: »
    Can you not register a trading name. So Irish Workforce T/A Irish Work?

    I dont understand what you mean. I own the name on cro if thats what you mean


  • Registered Users Posts: 28,098 ✭✭✭✭TitianGerm


    soccercrew wrote: »
    I dont understand what you mean. I own the name on cro if thats what you mean

    You own the name Irish Workforce.

    You've got all your sinage and advertising done in the name Irish Work.

    You could register a trading name I.e. Irish Work to match your promotional material and then your business would be Irish Workforce trading as Irish Work.


  • Registered Users Posts: 1,188 ✭✭✭kennethsmyth


    The name you trade under can be different to your sole trader name as per revenue - you just need to register the trading name (not with revenue)


  • Registered Users Posts: 116 ✭✭soccercrew


    The name you trade under can be different to your sole trader name as per revenue - you just need to register the trading name (not with revenue)

    So basicly i am ok. for example, my revenue sole trader name is irish workforce and my cro trading name is irishworks and irishworks.ie website


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  • Registered Users Posts: 8,034 ✭✭✭goz83


    soccercrew wrote: »
    So basicly i am ok. for example, my revenue sole trader name is irish workforce and my cro trading name is irishworks and irishworks.ie website

    According to revenue...You are the primary name, because you are a sole trader. After that, you can register as many trading names (€20 each) as you like. So if you're john smith and you registered irish workforce, you don't need to have T/A on your advertising, but john smith t/a irish workforce will be on cheque books and atm cards etc. Your customers need only know the trading name and not the business name (john smith).

    In my set up, I have a limited company and a number of trading names to suit different aspects of the company. The name of the ltd co is never advertised and rarely mentioned.


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    goz83 wrote: »
    In my set up, I have a limited company and a number of trading names to suit different aspects of the company. The name of the ltd co is never advertised and rarely mentioned.
    Not legally correct.


  • Registered Users Posts: 8,034 ✭✭✭goz83


    Not legally correct.

    In what respect?

    If i have "eire cleaning limited" and my company sells ceaning supplies, i can trade as "cleaning supplies eire". If i then also offer contract cleaning, i can use another trading name like "eire contract cleaning". As far as im aware, this is fine and i have never been told otherwise when registering the trading names or discussing anything with revenue, or the cro where several tading names were mentioned in conversation. The only issue i would foresee, would be a radical change in the type of business trading name. So, i would not be able to register "eire clown training centre" as a trading name. I could be wrong, so i'm open to correction on any of this.

    Note: my company has nothing to do with cleaning, or clown training.


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    Both your posts are wrong in several respects.

    The trading entity is the limited company, the others are just business names or trading styles. Subject to CRO approval you can register any name you like and your Ltd company can use it/them as a trading style PROVIDED it is clearly marked as such – e.g. Gobdaws Ltd t/a Oinseach Boutique or t/a Shop Cleaners or t/a Foul Food Supplies The reason is to clearly identify the legal entity responsible for the contractual relations – it is the Ltd company. By using only the trading style you are suggesting that the entity is you personally i.e. a sole trader, which is incorrect.
    The Ltd Co name must appear on the invoices etc. and the letters/order forms must contain considerable info on the company (place of registration, directors, etc.)

    In response to the OP, s/he should go register the name s/he is using, most of the 'advice' posted is just waffle.


  • Closed Accounts Posts: 997 ✭✭✭pedronomix


    Pedro is correct and for clarity, not identifying the legal entity correctly could leave you open to personal liability. You have effectively created yourself personally as a separate legally liable entity, not to mention trading without a properly registered business name, an offence in itself!!

    It does seem that more people than the OP need to heed this!!


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  • Registered Users Posts: 8,034 ✭✭✭goz83


    Thanks for your response. I will certainly look more closely at this and if necessary, will amend my own practices.

    However, assuming you're correct, it seems that in every day practical terms, what I have posted seems to be the norm (even if not legally correct). Every entity I have worked with will only use a trading name and there will be no Trading As to be seen anywhere. This is regardless of them being sole traders, or limited companies. One particular Ltd company is quite a large and well known distributor of medical hygiene supplies and they use a trading name only. Nothing on their vehicles, business cards, or catalogues about it being a trading name. The exception being when I am handed a cheque, I will see the sole trader, or limited company name, with, or without a trading name.

    I have very rarely seen T/A written on any business print space and not for a long while either. Not saying you're wrong, because what you say makes sense. Though on a practical level, having John Smith T/A Expert Plumbing would (to me at least) ruin the branding and take up more space than needed on a business card, for example.


  • Closed Accounts Posts: 997 ✭✭✭pedronomix


    The business card is generally a grey area but invoices, statements, bank accounts, creditor accounts and websites are not!


  • Registered Users Posts: 8,034 ✭✭✭goz83


    pedronomix wrote: »
    The business card is generally a grey area but invoices, statements, bank accounts, creditor accounts and websites are not!

    It makes sense for anything legal or clerical. Cards, banners, websites, or advertising in general, I just don't see it. Again, not saying either pedros are wrong :)


  • Closed Accounts Posts: 997 ✭✭✭pedronomix


    It is not a legal requirement to like the law!! ;)


  • Registered Users Posts: 7,711 ✭✭✭StupidLikeAFox


    goz83 wrote: »
    I have very rarely seen T/A written on any business print space and not for a long while either. Not saying you're wrong, because what you say makes sense. Though on a practical level, having John Smith T/A Expert Plumbing would (to me at least) ruin the branding and take up more space than needed on a business card, for example.

    That's what the small print is made for :)


  • Registered Users Posts: 8,034 ✭✭✭goz83


    That's what the small print is made for :)

    Got ya. White text, white background :D


  • Registered Users Posts: 116 ✭✭soccercrew


    Im confused! Am i ok as is or do i contact revenue and change the name. If i have to do this, is is straight forward?


  • Registered Users Posts: 7,739 ✭✭✭mneylon


    soccercrew wrote: »
    Im confused! Am i ok as is or do i contact revenue and change the name. If i have to do this, is is straight forward?

    If you are a sole trader you can register and use as many RBNs as you want. See:
    https://www.cro.ie/Registration/Business-Name for details on how to do it.

    As a "sole trader" you are basically a private individual who is doing business under a "trading name". There's no reason why you can't have multiple trading names.
    If you want people to make payments to the business and not to you personally you'll need to get your business bank account setup so that the business name is on it etc. Speak to your bank.

    The confusion from the previous posts is understandable, as what they were talking about was in relation to limited companies and their trading names - which are slightly different and have different legal obligations.


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