Company Name is Already Taken
Depending on the company formation system used, days perhaps weeks can go by until the person incorporating a business finally concludes that something must be wrong. They email or phone the registration agent only to be told that the name they have chosen has already been taken by someone else.
Some company set-up systems automatically email their client when there is a problem with their application, others do not.
After the conversation centred on the fact that the name was shown as available on the company formation agent’s search and why is it now taken, the client and registration agent move on to what can be done now.
Options When a Company Name Search Causes the Error
1. Choose Another Company Name.
This may be the most likely choice. On the basis that the Companies House name search is currently live, a new name could be chosen and registered with the likelihood of the same event occurring being extremely remote.
2. Obtain a Refund.
Depending on how the person forming the company feels about the registration agent and their system might lead them to abandon the project (at least with the current formation agent).
3. Contact the Successful Registrants
In exceptional circumstances the successful registrants might be willing to give up their company name and allow the other person to register it.
The person wanting the name would probably have to meet all reasonable costs incurred by the current holders of the company name and possibly pay a premium for their inconvenience.
It is unlikely that the company formation agents would play an active role in option number three.
