Unlimited Companies:  Removal of Naming Exemption on 30 November 2021

PUBLISHED: 17th November 2021

Unlimited Companies with an exemption from using the suffix “unlimited company” or “cuideachta neamhtheoranta” in their company names should be aware that the exemption will expire on 30 November 2021.

Further exemptions no longer available

The Companies (Accounting) Act 2017 removed the power of the Minister for Enterprise, Trade and Employment under Section 1237(5) of the Companies Act 2014 to grant an exemption to unlimited companies from having to use the terms “unlimited company” or “cuideachta neamhtheoranta” at the end of their company names.

Existing exemptions will expire on 30 November 2021.

What happens next?

A company can take control of its affairs and change its name to include the suffix in the normal way or it can wait until 30 November 2021 at which point the Registrar of Companies will issue the company with a new Certificate of Incorporation to reflect the fact that the company name includes the suffix.

Companies that do not take any action and just let their exemption lapse should know that the Constitution registered at the CRO will not align with the new Certificate of Incorporation issued by the Registrar after 30 November 2021.