Name Related Services

As is the case with natural persons, a company’s name is one of the important features which identifies the company within the business community. Its name also enables other business persons, government authorities and members of the public at large to identify with some degree of precision the specific legal entity which is carrying on business in or from Barbados.

In short, a company’s name gives the company a distinct and unique identity which is not to be confused with that of another company. With this in mind, the Companies Act, Cap. 308 (s.11) expressly forbids the incorporation of a company with a name which is prohibited or refused, or with a name which is reserved for another company or intended company.

Additionally, where a company has been incorporated with a name to which objection has been taken, section 12(2) of the Act empowers the Registrar, upon being satisfied that the name should be changed, to direct that the company to amend its articles to change its name.

Under Barbados law (s.416), a company name must not be identical or similar to the name of business name of another person association or partnership or firm where the use of the name would be likely to confuse or mislead.

It will therefore be appreciated that one of the most important preliminary matters to be addressed before incorporating a company or changing the name of an existing company is to obtain an approved name for the company from the Registrar of Companies.

The Companies Act, Cap. 308 contains a mechanism or procedure whereby persons desirous of incorporating an intended company, or companies intending to amalgamate or change their names, may apply to the Registrar for the name to be approved and reserved.

To save time, an application for Name Search and Name Reservation (Form 33) is usually submitted to the Registrar in advance of other applications such as for incorporation, registration, amalgamation or a name change amendment as the case may be.

The first step in the Name Search and Name Reservation procedure under the Companies Act, Cap. 308 is to obtain a Request for Name Search and Name Reservation Form (Form 33).

The Request for Name Search and Name Reservation Form (Form 33) can be completed online and submitted through the Corporate Affairs & Intellectual Property Office (CAIPO) website. The prescribed filing fee is BDS $30.00.

Section 415 of the Companies Act, Cap. 308 provides that a name for an intended company or a company about to change its name may be reserved for ninety (90) days. During this period, no other company may be incorporated with or be allowed to have the reserved name.

During the ninety (90) day name reservation period, the documents relevant to other applications (e.g. an application for incorporation, amalgamation or amendment) must be filed with the Registrar.

If no further online requests are received during the ninety (90) day name reservation period, the name automatically becomes unavailable and must be reserved again.

The following are some important points to be noted about the name search and name reservation procedure:

1. A company name cannot be reserved until the prescribed fee has been paid.
2. Do not invest any money on the name (e.g. signs, printing and advertising). The name is only “on reserve” and may be cancelled prior to incorporation.
3. All requested information must be included in the Name Search and Name Reservation Form (Form 33). Make sure you indicate the type of business, the derivation of the name, and what the name is for (e.g. incorporation, registration, amalgamation or name change).
4. You are allowed to list three (3) alternative choices of name on the Form. It is suggested that you utilize all three choices and list them in order of preference. A search is carried out to select the first name available.
5. A name must have a corporate designation such as “Limited”, “Corporation” or “Incorporated” (or the abbreviations “Ltd”, “Corp” or “Inc”).
6. If one of the three names is approved, it will be reserved for ninety (90) calendar days. When expired, a further fee must be paid to reserve again.
7. You will not be able to incorporate a company with a name that is similar to or the same as an existing company or business name unless written consent is given.
8. Names with numbers alone (e.g. “123456 Ltd”) are not allowed.
9. Names must not be identical to the name of a body corporate previously incorporated in Barbados.
10. The name must not suggest or imply a connection with the Crown or Government without special permission.
11. The name must not suggest or imply a connection with a political party or a leader of a political party.
12. The name must not suggest or imply a connection with a University or professional group without written consent.
13. Personal names are acceptable but generally cannot be used alone (e.g. “John Brown Limited” is not acceptable, but “John Brown Construction Limited” is).