s 28 Control of business names
(1) This section applies to any person who has a place of business in Great Britain and who carries on business in Great Britain under a name which— (a) in the case of a partnership, does not consist of the surnames of all partners who are individuals and the corporate names of all partners who are bodies corporate without any addition except an addition which is permitted by subsection (3) below ; c. 62 Companies Act 1981 (b) in the case of an individual, does not consist of his surname without any addition except an addition so permitted ; (c) in the case of a company, being a company which is capable of being wound up under the 1948 Act, does not consist of its corporate name without any addition except an addition which is so permitted. (2) Subject to subsections (4) and (5) below, a person to whom this section applies shall not, without the written approval of the Secretary of State, carry on business in Great Britain under a name which— (a) would be likely to give the impression that the business is connected with Her Majesty’s Government or with any local authority ; or (b) includes any word or expression for the time being specified in regulations made under section 31 of this Act. (3) The following are permitted additions for the purposes of subsection (1) above— (a) in the case of a partnership, the forenames of individual partners or the initials thereof or, where two or more individual partners have the same surname, the addition of “s ” at the end of that surname ; or (b) in the case of an individual, his forename or the initial thereof ; {c) in any case, any addition merely indicating that the business is carried on in succession to a former owner of the business. (4) Subsection (2) above shall not apply to the carrying on of a business by any person— (a) to whom the business has been transferred on or after the appointed day ; and (b) who carries on the business under the name which was its lawful business name immediately before that transfer ; during the period of twelve months beginning with the date of that transfer. (5) Subsection (2) above shall not apply to the carrying on of a business by any person who— (a) carried on that business immediately before the appointed day ; and {b) continues to carry it on under the name which immediately before that day was its lawful business name. Companies Act 1981 c. 62 (6) In this section— “ initial’ includes any recognised abbreviation of a name ; and “jJawful business name ”, in relation to any business, means a name under which the business was carried on without contravening subsection (2) above or the Registration of Business Names Act 1916. (7) Any person who contravenes subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding one-fifth of the statutory maximum or on conviction after continued contravention to a default fine not exceeding one-fiftieth of the statutory maximum. (8) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. — (9) Where the affairs of a body corporate are managed by its members, subsection (8) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.