Companies Act 2014 section 970

Trading under a misleading name

Section 970 makes it an offence for non-DAC entities to trade using a name that suggests they are a Designated Activity Company, and for DACs to use names that misleadingly suggest they are a different type of company.

  • No individual or organisation other than a DAC may carry on business under a name ending with "designated activity company", "cuideachta ghnΓ­omhaΓ­ochta ainmnithe", or abbreviations of those terms.
  • A DAC must not use a name that could give the impression it is any other type of company or corporate body, particularly where the fact that it is a DAC would be material to another party.
  • Breach of either restriction is a category 3 offence, applying to the entity or individual concerned and, where relevant, to any officer in default.
  • An exemption applies to companies governed by Part 21 (external companies) whose constitutional provisions would entitle them to rank as a DAC if they had been registered in Ireland.

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