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Thread: Trade Name for a Company

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    Trade Name for a Company

    Good Day All,

    just joined the TFSA, and this is my 1st post

    i would like to know what are the requirements for creating a Trade Name from an existing (PTY) Company.

    basically, i have an Registered company X but what to do a completely different trade which has no affiliation with the Company.
    with the Trade Name i want to create a Logo and a website in future.
    i have searched that the Trade Name which i want to use is not existing an existing name, or at least from what ive seen on my search engines.

    is there certain requirements needed to create a Trade name?

    or can i just create any name, Company X (PTY) Ltd t/a Firm A.
    So Firm A will be representing although any payments will be processed through Company X, invoices will have Firm A on.
    OR must Company X t/a Firm A must be displayed on all invoices and update this with the Bank?

    must this trade Name be registered ?
    the trade name will be using the company banking account details, must the Bank be aware of the Trade Name and changes must be done on the profile?

    Thank you in advance

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    Interesting question, I know there was some legislation being put in place for a separate system from actual company registrations to register your actual trading names for use.

    Not sure what happened with it - didn't follow up on it.

    Maybe some of our other members have more info

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by AmithS View Post
    I know there was some legislation being put in place
    Correct. The pertinent legislation is section 78 to 81 of the Consumer Protection Act. As minimum, you would need to register a defensive name with CIPC.

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    AmithS (21-Jun-18)

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    Quote Originally Posted by AmithS View Post
    Interesting question, I know there was some legislation being put in place for a separate system from actual company registrations to register your actual trading names for use.

    Not sure what happened with it - didn't follow up on it.

    Maybe some of our other members have more info
    Thanks for the reply.

    i have read about that as well online, but couldn't find a document as to state that is has been implemented.

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    Quote Originally Posted by Dave A View Post
    Correct. The pertinent legislation is section 78 to 81 of the Consumer Protection Act. As minimum, you would need to register a defensive name with CIPC.
    thanks for the reply.

    i've seen a company that can assist with a Defensive Name

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    Perfect, let us know how it goes to help other members (like myself ) and approximate costs

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    In this instance if say you have a legal entity registered example abc (pty) ltd and you have a defensive name registered say 123.

    Would you then trade directly as 123 or would your still need to trade as abc (pty) ltd t\a 123 and also invoice in this manner?

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    It costs R250 to register a defensive name and it has to be renewed every 2 years.

    You should probably read this page on CIPC

    http://www.cipc.co.za/index.php/regi...efensive-name/

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    AmithS (22-Jun-18)

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    I saw that last night - do you know what sort of evidence\proof they look for?

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    I don't think it is subject to anything more than the obvious.

    I once defensively registered a name (the way a horse runs followed by "industries") only to have attorneys on my case days later representing international pollsters with a similar name. I had to get a client to undertake never to use the name etc. CIPC on the other hand were dead happy to defensively register the name.

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