Section 76: Misleading indication of activities

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 5: A company's name — Chapter 4: Other powers of the Secretary of State and the registrar

If in the opinion of the Secretary of State the name by which a company is registered gives so misleading an indication of the nature of its activities as to pose a risk of harm to the public in the United Kingdom or elsewhere, the Secretary of State may direct the company to change its name.

The direction must be in writing and must specify the period within which the company is to change its name.

The period must be a period of at least 28 days beginning with the date of the direction.

A company may apply to the court to set aside a direction under subsection (1).

Any application under subsection (4) must be made within the period of three weeks beginning with the date of the direction.

If a company applies to the court under subsection (4) to set aside a direction, it is not required to comply with the direction while the proceedings are ongoing.

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

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