Can a company entering into a contract use its trade name and
not its registered name? English companies will have been
incorporated with one name at law but often have a different
business or trading name. Abigail Owen, Corporate Partner at
Rawlison Butler, considers whether a company can enter into a
legally binding contract with its business or trading name rather
than its registered name.
A company may have more than one business or trading name, for
example, for different business divisions. This trade name is often
different though from the name with which the company was
registered with at law. However, it is important to remember that,
although a contract can be made orally or by conduct, where it is
made in writing, it must include its registered name in that
contract. What happens then where a contract is entered into and
the only name mentioned is the trade or business name? The contract
will still be legally enforceable, provided that the use of
