Companies House

Company and Business Names (Chamber Of Commerce, Etc.) Act 1999
Guidance issued by the Secretary of State
Effective from 10 May 2001

Introduction

The Company and Business Names (Chamber of Commerce, Etc.) Act 1999 (the "1999 Act") deals with the approval by the Secretary of State of company or business names that include the expression "chamber of commerce" and/or related expressions. Under sections 2(2) and 3(2) of the 1999 Act, the Secretary of State may publish guidance about factors that he may take into account in deciding whether to grant approval to use such a name. This booklet sets out that guidance.

1. Legal background

Section 29 of the Companies Act 1985 says that company names that include certain words or expressions need the Secretary of State's approval before they can be registered. Sections 2 and 3 of the Business Names Act 1985 impose a similar requirement in relation to the approval of business names to be used in Great Britain.

More information about the use of company and business names is available in the Companies House guidance booklets "Company Names" (GBF2) and "Business Names"(GBF3) . The words or expressions in question are specified in the Company and Business Names Regulations 1981 as amended. *

Section 1 of the 1999 Act requires that the Company and Business Names Regulations must be amended to specify the expression "chamber of commerce" and its Welsh equivalent, "siambr fasnach". This has been done by the Company and Business Names (Amendment) Regulations 2001, which also specify several related expressions and their Welsh equivalents. The full list of specified expressions is given here:

• Chamber (or Chambers) of Business (or their Welsh equivalents, Siambr Fusnes; Siambrau Busnes).
• Chamber (or Chambers) of Commerce (or their Welsh equivalents, Siambr Fasnach; Siambrau Masnach).
• Chamber (or Chambers) of Commerce and Industry (or their Welsh equivalents, Siambr Masnach a Diwydiant; Siambrau Masnach a Diwydiant).
• Chamber (or Chambers) of Commerce, Training and Enterprise (or their Welsh equivalents, Siambr Masnach, Hyfforddiant a Menter; Siambrau Masnach, Hyfforddiant a Menter).
• Chamber (or Chambers) of Enterprise (or their Welsh equivalents, Siambr Fenter; Siambrau Menter).
• Chamber (or Chambers) of Industry (or their Welsh equivalents, Siambr Ddiwydiant; Siambrau Diwydiant).
• Chamber (or Chambers) of Trade (or their Welsh equivalents, Siambr Fasnach; Siambrau Masnach).
• Chamber (or Chambers) of Trade and Industry (or their Welsh equivalents, Siambr Masnach a Diwydiant; Siambrau Masnach a Diwydiant).
• Chamber (or Chambers) of Training (or their Welsh equivalents, Siambr Hyfforddiant; Siambrau Hyfforddiant).
• Chamber (or Chambers) of Training and Enterprise (or their Welsh equivalents, Siambr Hyfforddiant a Menter; Siambrau Hyfforddiant a Menter).

2. How to seek approval of a name containing the expression "chamber of...." (or Welsh equivalent)

If you want to use a company or business name that includes any of the listed expressions, you should apply in writing to:

• a copy of the body's constitution, existing or proposed;
• any evidence to support your application that you wish to provide which relates to the factors listed in paragraph 3 - for example, evidence of support from the relevant business community.

3. What factors does the Secretary of State take into account in considering an application for approval?

The 1999 Act requires the Secretary of State to consult the British Chambers of Commerce or the Scottish Chambers of Commerce, or both, when considering an application to use a name that includes one of the listed expressions. This is only a minimum requirement, so the Secretary of State may consult more widely or take into account unsolicited representations from interested parties.

The Secretary of State will consider every application on its own merits but will always have regard to the following:

• The purpose of a Chamber - A Chamber must:
  • serve and promote the interests of the business community in any place, area or sector indicated by the name;
  • provide information, advice and assistance to the relevant business community;
  • undertake, or encourage members to undertake, joint activities and arrangements for mutual support and promotion of the interests of that business community.

• The constitution of the Chamber -
  • if it is a body corporate;
  • if it is a company limited by guarantee under the Companies Act 1985;
  • if the body's constitution prevents the payment of dividends to its members and provides that any profits are used to further the objects of the Chamber;
  • if the body's constitution preserves its representative nature in respect of all its members equally and does not allow it to be controlled by any one member or group of members;
  • if the body's constitution ensures that each member has only one vote and if there are proper processes for the members to elect the board/committee;
  • if the constitution provides for representation of businesses in a particular area and, if so, whether that geographical area is included in the name of the company or business and whether the Chamber operates, or proposes to operate, in that area.
    
    
• Independence - whether the Chamber is independent of Government (national or local) and is independent of any other body that is not a Chamber (for example, whether it is a subsidiary or division of another body).
• Its representative nature - whether the Chamber fully represents the business community on whose behalf it is formed and reflects the nature of that community (which could be a very particular community).
• Geographical location - If the name of a prospective Chamber includes a geographical descriptor, special considerations will apply depending on whether it aims to:
• represent a single geographical area, in which case the Secretary of State will wish to establish that the Chamber will be fully representative of all business in that area; or
• promote trade between two separate areas, in which case the Secretary of State will wish to establish that it will do so.

Remember: It is not necessarily the case that only one Chamber will be allowed to exist in any one area or region. What is important is that Chambers fulfil the essential characteristics and purposes laid out above.

4. What to do if you disagree with the Secretary of State's decision

If you are unhappy with a decision not to approve or register the name of a Chamber and wish it to be reconsidered, you should write, setting out your reasons and any new evidence, to

(for English and Welsh companies and businesses):
The Secretary of State
Companies House
Crown Way
Cardiff
CF14 3UZ

5. Other useful addresses

British Chambers of Commerce
Manning House
22 Carlisle Place
London
SW1P 1JA
Tel: 020 7565 2000/ 2011

Scottish Chambers of Commerce
12 Broughton Street
Edinburgh
EH1 2RX
Tel: 0131 477 7000

* S.I. 1981/1685 as amended by S.I.s 1982/1653, 1992/1196,1995/3022 and 2001/259