There are certain words which you cannot use without first having permission to use that word e.g. Dentist

Can I form a company with a sensitive or restricted name?


The word ‘trust’ is also deemed sensitive and requires approval prior to its inclusion in a company name.


You will see this message if you include the word TRUST when checking to see whether the name is available.



This word 'trust' does not have one fixed definition, so each formation request is considered on an individual basis dependent upon its reasons for wishing to use this sensitive word. You will generally be permitted to include ‘trust’ in your company name if your organisation falls into one of the following categories:

  • Charitable Trust – Normally registered as a company limited by guarantee. The articles of association should contain a non-profit distribution clause. The company’s objects must be charitable in nature. The company must obtain a letter of non-objection from the Charity Commission (England and Wales) or the Office of the Scottish Charity Regulator (Scotland).
  • Artistic Trust – Usually a limited by guarantee company. The articles must include a non-profit distribution clause. Activities such as advancement and development of arts, heritage, culture or science should normally be included in the company’s objects.
  • Educational Trust – The company should usually be limited by guarantee. A non-profit distribution clause and the purpose of the trust should be included in the articles. The objects of the company must include activities relating to the advancement and promotion of education, art and culture.
  • Enterprise Trust – Normally limited by guarantee company. The articles must include a non-profit distribution clause. The objects of the company should usually include activities that will provide support to the community in some way. Evidence of support from the local Chamber of Commerce, local businesses, authorities, banks etc must be provided.
  • Family Trust – Normally a limited by guarantee company with a non-distribution clause in its articles. The objects of the company should reflect the nature of the trust. The company will usually hold funds in trust for members of a family.
  • Financial Trust – Unless you intend the company to be an ‘Investment Trust’, you will be required to explain the purpose of the company.
  • Investment Trust – This type of company must be a type of collective investment. It should be a closed end fund and a public company (a public limited company (PLC), not a private limited company).
  • Pensions or Staff Trust – The name of the parent company should usually be included in the company name. The objects of the company must stipulate the management of pension scheme funds held in trust. The company may have to register with HMRC and comply with the requirements of the Pensions Regulator.
  • Unit Trust – The company must be a type of open-ended collective investment fund and contact the Financial Conduct Authority (FCA) to obtain a letter of non-objection.

The regulation and guidelines for the use of ‘trust’ and other sensitive words in company names are set out in Companies House Annex A and included in The Company Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2009 (SI NO. 2615).

    

The specified public authorities whose views must be sought are also included in the regulations. You must obtain supporting documentation from the required body in the form of a letter or email that confirms it has no objection to the use of the proposed company name. This documentation will need to be filed at Companies House along with your application to register a company.


Note: If you simply think that the company name looks/sounds better with the word Trust in it but does not meet any of the above criteria it is most unlikely that Companies House will accept your proposed name.


So, if you have the necessary authority to use the word 'trust' in your proposed formation Inform Direct will allow you to upload the supporting evidence as part of the formation process: