From 1 September 2009, new rules mean that it is now possible to apply to the Irish Registrar of Companies (the “Registrar”) to reserve a name for a company before the applicant incorporates the company.

The change allows reservation of a specified name for a period not exceeding 28 days, as determined by the Registrar. The Registrar is not obliged to reserve a name and may refuse to do so where the Registrar considers it undesirable. Notably, in keeping with its policies, the Registrar may refuse where the proposed company name is identical or similar to the name of an existing company or where the proposed name conflicts with names on the business names register or the trade marks register. To reduce this risk an applicant should check these registers before applying to reserve a name.

Applicants may also apply to have the original reservation period extended by further periods of up to 28 days.

Where a specified name is reserved, it is reserved for the applicant for the duration of the reservation period and no other applicant will be permitted to incorporate a company using the reserved name. Applications to the Registrar to reserve a specified name must be accompanied by the prescribed fee (currently €25).

One of the main advantages of the new rules is that it is now possible when incorporating to get greater certainty that the proposed name will be available when the company is incorporated.