Results 1 to 3 of 3

Thread: 2 (Pty) Ltd with same name

  1. #1
    Email problem
    Join Date
    Jun 2019
    Location
    Johannesburg
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Thumbs down 2 (Pty) Ltd with same name

    How can the same person have two companies with the same name owned by the same person, but with different registration number?

  2. #2
    Suspended
    Join Date
    Oct 2019
    Location
    London
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    HI yes this is a possible

    Yes. The Secretary of State (the government agency in each state that actually forms companies on request) will allow two companies to have similar names as long as there is virtually any difference. For example, I recently formed two companies for a client that were called (I’m using fake names here, but you get the idea): 1) Alfred Neumann LLC and 2) Alfred E. Neumann LLC. Similarly, if one company is called LL Bean, the Secretary would allow a second company to call itself JJ Bean.

    Now, while the Secretary will allow it, the two companies will often have trademark concerns about each other. So LL Bean may very well accuse JJ Bean of trademark infringement, and they’ll have to fight in court about who can use which names in their marketing.

  3. #3
    Gold Member
    Join Date
    Feb 2016
    Location
    Johannesburg
    Posts
    629
    Thanks
    60
    Thanked 181 Times in 161 Posts
    Quote Originally Posted by topgunza001 View Post
    How can the same person have two companies with the same name owned by the same person, but with different registration number?
    Section 11(2)(a)(i) of the Companies Act prohibits it.
    Section 1192)(b) of the Act prohibits the registration of confusingly similar names.

    You will not be able to reserve the name unless as in the case of associations, you submit a manual CoR 9.1 and some explanatory documents.

    A close corporation converted to a company might be what you are looking at. If you draw the latest confirmation certificates of both entities, you will see the chain of events. The last two digits of a close corporation are 23, whereas a profit company is 07.

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
  •