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Thread: Sole Proprietor and Trading Name

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    New Member Mikeygee's Avatar
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    Sole Proprietor and Trading Name

    I am starting a new business as a Sole Proprietor but would like to use a trading name. Do I need to register a trading name and if so can any one tell me how?

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    Site Caretaker Dave A's Avatar
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    I understand that you need to at least reserve the trading name with CIPC nowadays in terms of the Consumer Protection Act. The bad news is last I heard the CIPC (ex-CIPRO) is in chaos at the moment, so I don't know how easy that is going to be.
    The trouble with opportunity is it normally comes dressed up as work.

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    Yes, I'm in agreement with Dave. The new Act (it actualy comes from the Consumer Protection Act) requires trading names to be registered with the CIPC at www.cipc.co.za. However the exact process of how to do so was not clear to me when I checked their website. I fear also that their call centre may not be much help either. Apparently that place is still a mess. Good luck.

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    Mark Atkinson (13-Jul-11)

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    Gold Member Mark Atkinson's Avatar
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    Ermm. Red Giant Design is not registered with CIPC. :/ Wasn't aware it was now a requirement...

    Should I "forget" to do so for a bit while they sort themselves out?
    "The way to gain a good reputation, is to endeavor to be what you desire to appear." - Socrates
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    Site Caretaker Dave A's Avatar
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    Maybe make the application and keep the receipt - just in case. At this stage I suspect it might only become an issue if someone hauls you up before a consumer court, or if a dispute arises about your trading name.
    The trouble with opportunity is it normally comes dressed up as work.

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    Gold Member Mark Atkinson's Avatar
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    Hmm... I guess... But it's suuuuch a mission.

    Still waiting on the Bafokke Shirts trademark application from September last year
    "The way to gain a good reputation, is to endeavor to be what you desire to appear." - Socrates
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    Gold Member Martinco's Avatar
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    Mark, You have a lonnggg time to wait. Mine has taken 3 years so far and still no light at the end of the tunnel.

    Mikeygee, You can however visit their offices in PTA and make an application by completing some forms and paying a fee. If not possible for you then there are people that will do this on your behalf but this will cost you a few bucks.
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    Trading names in use before the act came into effect can continue to be used. Its only for businesses or trading names that come into existance now. I have no idea how they intend to police something like that though.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The one problem with the trading as name that is unregistered, i syou could lose some protetcion in terms of liability of an entity.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Diamond Member wynn's Avatar
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    I would do a check in yellow pages and white pages on the internet then do a search on google with the name.
    If no results, go ahead, worry about registering if you get queried.
    This is South Africa where it is easier to apologise than seek permission.
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