Section 38: Use of company name

38. Use of company name (1) A company shall ensure that its name is clearly stated— (a) in every written communication sent by, or on behalf of, the company; and (b) on every document issued or signed by, or on behalf of, the company and which evidences or creates a legal obligation of the company. (2) Where the name of a company is incorrectly stated in a document which evidences or creates a legal obligation of the company and the document is issued or signed by or on behalf of the company, every person who issued or signed the document is liable to the same extent as the company unless— (a) the person who issued or signed the document proves that the person in whose favour the obligation was incurred was aware at the time the document was issued or signed that the obligation was incurred by the company; or (b) the Court before which the document is produced is satisfied that it would not be just and equitable for the person who issued or signed the document to be so liable. (3) For the purposes of subsections (1) and (2) and section 181, a company may use a generally recognised abbreviation of a word or words in its name if it is not misleading to do so. (4) Where, within the period of 12 months immediately preceding the giving by a company of any public notice, the name of the company was changed, the company shall ensure that the notice states— (a) that the name of the company was changed in that period; and (b) the former name or names of the company. C35 – 39 [Issue 1] Companies Act PART VI – COMPANY CONSTITUTION