Page 2 of 2 FirstFirst 12
Results 11 to 17 of 17

Thread: Can a PTY Ltd use Trading As...?

  1. #11
    Email problem
    Join Date
    Jan 2014
    Location
    Cape Town
    Posts
    9
    Thanks
    8
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by Andromeda View Post
    The whole issue of registering trading names at CIPC has never been implemented and the whole Chapter 4 of the CPA is therefore problematic. As it stands, SARS and banks will allow trading names as was done in the distant past.

    In connection with SamanthaLeigh's post, I would definitely accept the advise of her accountant if I were her. Attachment 6547
    Hi Andromeda,

    Thanks so much for the attachment. It was very helpful! I see the letter was written in 2012 - has nothing been implemented since then?

  2. #12
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,649
    Thanks
    3,305
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Quote Originally Posted by SamanthaLeigh View Post
    Knowing that I am trading as with the name that cannot be registered because the CIPC will reject anyone who tries to do so?
    I'm trying not to let my imagination run away with me.
    I'd assumed the issue was it was too close to another name already registered, but that sounds way more interesting.

    What reason did CIPC give for not registering the name?

  3. #13
    Diamond Member wynn's Avatar
    Join Date
    Oct 2006
    Location
    east london
    Posts
    3,338
    Thanks
    548
    Thanked 625 Times in 524 Posts
    It must be possible to use the name you want to as a description on your stationery, advertising etc. keeping the trade name tiny and the description large
    eg.
    Joe Bloggs Pty (Ltd)
    Film Agents and designers.
    "Nobody who has succeeded has not failed along the way"
    Arianna Huffington

    Read the first 10% of my books "Didymus" and "The BEAST of BIKO BRIDGE" for free
    You can also read and download 100% free my short stories "A Real Surprise" and "Pieces of Eight" at
    http://www.smashwords.com/books/view/332256

  4. Thanks given for this post:

    SamanthaLeigh (25-Oct-16)

  5. #14
    Full Member
    Join Date
    Mar 2013
    Location
    South Africa
    Posts
    72
    Thanks
    0
    Thanked 5 Times in 5 Posts
    As far as the vat is concerned, that is my experience. I tried to cancel my registration after about 8 years of not trading but have discovered in the last week that I am still registered. I suspect that it will die with me. Perhaps.

    And as far as using a 'trading as' name I think your accounting firm's reasoning is spot on. I would simply use the name and in the unlikely event that there is ever an official complaint you can apologise and modify it. But this would be highly unlikely unless you called your business Clicks or ABSA or something in that vein. By the time anyone cottons on you will hopefully have a data base you can email with your new details (advertising opportunity) and publish an apology via a press release(s). (advertising opportunity)

    It is easier to apologise than get permission and there is minimal chance of repercussion.

    Just my opinion, after 30+ years in business. Having said that, if your product or service lends itself to Wynn's suggestion, that's a solution nobody can object to.

  6. Thanks given for this post:

    SamanthaLeigh (25-Oct-16)

  7. #15
    Email problem
    Join Date
    Jan 2014
    Location
    Cape Town
    Posts
    9
    Thanks
    8
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by Dave A View Post
    I'm trying not to let my imagination run away with me.
    I'd assumed the issue was it was too close to another name already registered, but that sounds way more interesting.

    What reason did CIPC give for not registering the name?
    Hahaha! Not as interesting as your imagination Dave - sorry! The name I want to register is Casting 101.

    The CIPC says that there are too many conflicting names with 'Casting'. My accountant also just explained to me that the word 'Casting' is probably too close to a function, which apparently the CIPC reject automatically.

    The company doing my registration for me has double checked and no one has registered the name Casting 101 so I will now happily register another name but Trade As Casting 101 knowing that no one should be sueing me!! As it was mentioned earlier, it is easier to ask for forgiveness than permission.

    Thank you everyone for your advice and expertise! I now feel confident going forward with this! You've been a massive help!

  8. #16
    Email problem
    Join Date
    Jan 2014
    Location
    Cape Town
    Posts
    9
    Thanks
    8
    Thanked 0 Times in 0 Posts
    Thanks so much for this!
    I will now happily and confidently move forward with registering a PTY ltd and just trade as the name I've been using for the last 2 years!
    I appreciated your advice and experience! (Especially with the VAT - eish!)

  9. #17
    Gold Member
    Join Date
    Feb 2016
    Location
    Johannesburg
    Posts
    713
    Thanks
    74
    Thanked 199 Times in 178 Posts
    Quote Originally Posted by SamanthaLeigh View Post
    So the last conversation I had with the accounting firm that is helping me is to see if the name I want has been registered by anyone else. He says if it HASN'T been registered by anyone else then I can Trade As with that name knowing that no one else can register it (because we couldn't).

    So would that be legal? Knowing that I am trading as with the name that cannot be registered because the CIPC will reject anyone who tries to do so?
    The long established rule (but which have always frequently been ignored), is that if you use trading name you must also state the registered name and registration number. If that rule is adhered to then there can never be an issue or confusion.

    Regarding the withdrawal of that 2012 notice; no it is still in effect. To register a trading required that you register a defensive name, and that functionality is still suspended (I just checked) at CIPC.

    And I agree totally with your accountants; if you register for vat in your personal capacity it will haunt you. Besides the long term effect there is the matter of what is "in" and what is not.

Page 2 of 2 FirstFirst 12

Similar Threads

  1. [Question] VAT and trading
    By duncan drennan in forum Tax Forum
    Replies: 1
    Last Post: 29-Oct-13, 06:47 AM
  2. Zantech Trading - another one....
    By Chrisjan B in forum Scam Alert Forum
    Replies: 5
    Last Post: 31-Jul-13, 12:57 PM
  3. forex trading - International FX Trading company
    By gucci in forum Business Finance Forum
    Replies: 0
    Last Post: 30-Dec-12, 11:21 PM
  4. Different businesses trading under one name?
    By NSW-Jono in forum General Business Forum
    Replies: 3
    Last Post: 04-Aug-11, 06:04 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •