Circumstances in which a company name will not be registered
These circumstances are well illustrated under Section 10 of Companies (General) Regulations, 2015:
A company name may not be registered if:
- it is the same as a name appearing in the Registrar’s Index of Company Names, Business Names, Limited Liability Partnerships or Partnerships;
- it has a close phonetic resemblance to the name of company, business name, limited liability partnership or partnership that is already registered;
- it differs from the name of another company, business name, limited liability partnership or partnership that is already registered only by the addition of the name of a place, locality or region within Kenya;
- it is identical to, or closely resembles, that of a name that has been reserved by the Registrar for use in connection with a proposed company, business name, limited liability partnership or partnership;
- it is identical to. or closely resembles, the name of a company or limited liability partnership that has been dissolved, or has been struck off the register of companies or register of limited liability partnerships, or the entry of a business in the register of business names or partnerships kept under the Registration of Business Names Act 2015 has been cancelled;
- it is the same as a name of a body corporate or established under a written law;
- the Registrar believes on reasonable grounds that its use would involve the commission of a criminal offence; or
- the Registrar believes on reasonable grounds that it is offensive or undesirable or contrary to public interest.
Section 10 of Companies (General) Regulations Act,2015
Circumstances in which LLP name will not be registered
The restrictions on registration of limited liability partnership names is provided for in Section 21 of Limited Liability Partnership Act, 2011.
The Registrar may refuse to register a limited liability partnership under a name, or alow a limited liability partnership to change its name to one that in the opinion of the Registrar is –
- Identical to that of any other limited liability partnership, corporation or business name;
- Identical to a name that is being reserved under this section, the Business Names Act or the laws relating to Companies; or
- A name of a kind that the Minister has, by written notice, directed theRegistrar not to accept for registration.