OpenLegislation

Regulation 19 Prohibition on certain names

(1)

No open-ended investment company is to have a name that—

(a)

includes any of the following words or expressions, that is to say—

(i)

limited, unlimited or public limited company, or their Welsh equivalents (“cyfyngedig", “anghyfyngedig" and “cwmni cyfyngedig cyhoeddus" respectively); F1...

(ii)

European Economic Interest Grouping or any equivalent set out in Schedule 3 to the European Economic Interest Grouping Regulations 1989 M1; F2or

F3(iii)

UK Economic Interest Grouping;

(b)

includes an abbreviation of any of the words or expressions referred to in sub-paragraph (a); or

(c)

is the same as any other name appearing in the registrar’s index of company names.

(2)

In determining for the purposes of paragraph (1)(c) whether one name is the same as another, there are to be disregarded—

(a)

the definite article, where it is the first word of the name;

(b)

the following word and expressions where they appear at the end of the name—

  • “company" or its Welsh equivalent (“cwmni");

  • “and company" or its Welsh equivalent (“a’r cwmni");

  • “company limited" or its Welsh equivalent (“cwmni cyfyngedig");

  • “limited" or its Welsh equivalent (“cyfyngedig");

  • “unlimited" or its Welsh equivalent (“anghyfyngedig");

  • “public limited company" or its Welsh equivalent (“cwmni cyfyngedig cyhoeddus");

  • “European Economic Interest Grouping" or any equivalent set out in Schedule 3 to the European Economic Interest Grouping Regulations 1989;

  • “investment company with variable capital" or its Welsh equivalent (“cwmni buddsoddi â chyfalaf newidiol");

  • “open-ended investment company" or its Welsh equivalent (“cwmni buddsoddiant penagored");

(c)

abbreviations of any of those words or expressions where they appear at the end of the name; and

(d)

type and case of letters, accents, spaces between letters and punctuation marks;

and “and" and “&" are to be taken as the same.

Annotations

Textual amendments

F1

Word in reg. 19(1)(a)(i) omitted (31.12.2020) by virtue of The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 52(6)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 19(1)(a)(ii) inserted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 52(6)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 19(1)(a)(iii) inserted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 52(6)(c) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1

S.I. 1989/638. The Regulations were modified by virtue of section 2(1) of the European Economic Area Act 1994 (c. 51) so that, for any limitation in the Regulations that proceeds by reference to the Communities, there is substituted a corresponding limitation relating to the European Economic Area.