Companies Act 2014
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Trading under a misleading name | ||
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1179. (1) Subject to subsection (5), neither a body that is not a CLG nor an individual shall carry on any trade, profession or business under a name which includes, as its last part, the words “company limited by guarantee”, or “cuideachta faoi theorainn ráthaíochta” or abbreviations of those words. | ||
(2) If a body or individual contravenes subsection (1), the body or individual and, in the case of a body, any officer of it who is in default, shall be guilty of a category 3 offence. | ||
(3) A CLG shall not, in the following circumstances, use a name which may reasonably be expected to give the impression that it is any type of a company other than a CLG or that it is any other form of body corporate. | ||
(4) Those circumstances are circumstances in which the fact that it is a CLG is likely to be material to any person. | ||
(5) If a CLG contravenes subsection (3), the CLG and any officer of it who is in default shall be guilty of a category 3 offence. | ||
(6) Subsection (1) shall not apply to any company— | ||
(a) to which Part 21 applies, and | ||
(b) which has provisions in its constitution that would entitle it to rank as a CLG if it had been registered in the State. |