Trading as ......

[SaTTRyN]

Hey guys

I have got a small business I run part time from home under a registered cc with its own bank account and what not.
I now want to start selling something that has nothing to do with my main business.
I have designed a website for this and basically want to know, am I still allowed by law to call it Company ABC and on sales invoice or whatever say Company ABC trading as Company XYZ?

Or what would you suggest, because now a days you dont get CC's anymore and must register a Pty for a bag of money. Back in the day I bought this CC for R100.

Hope my question is clear. :erm:

Thanks
Satt

 

[IzZzy]

Yes you can - just make sure that trading name isn't a registered trademark or protected business name.

I would say on all orders/invoices: "[Name] CC, trading as X".

 

[The_Ogre]

Hey guys

I have got a small business I run part time from home under a registered cc with its own bank account and what not.
I now want to start selling something that has nothing to do with my main business.
I have designed a website for this and basically want to know, am I still allowed by law to call it Company ABC and on sales invoice or whatever say Company ABC trading as Company XYZ?

Or what would you suggest, because now a days you dont get CC's anymore and must register a Pty for a bag of money. Back in the day I bought this CC for R100.

Hope my question is clear. :erm:

Thanks
Satt

:wtf: A pty cost me R125 to register, just last week

 

[The_Ogre]

Yes you can - just make sure that trading name isn't a registered trademark or protected business name.

I would say on all orders/invoices: "[Name] CC, trading as X".

Out of interest, why can't he trade without using the "trading as" part? AFAIK the law doesn't give a hoot what he's selling or services he's supplying as a main business or not

 

[Jehosefat]

He can. But I would imagine that he wants the branding, company name etc. to be different to the registered name of the CC. Its for the benefit of customers and brand management rather than anything legally required.

 

[SaTTRyN]

:wtf: A pty cost me R125 to register, just last week

Well thats cheap.
But, my cc costs much less yearly I bet

 

[The_Ogre]

Well thats cheap.
But, my cc costs much less yearly I bet

You sure?

There's a reason CC's were discontinued. I think you need to pay a visit to the CIPC's site to familiarise yourself with the new companies' act. Pty's are much simpler, cheaper and more flexible than before

 

[SaTTRyN]

You sure?

There's a reason CC's were discontinued. I think you need to pay a visit to the CIPC's site to familiarise yourself with the new companies' act. Pty's are much simpler, cheaper and more flexible than before

CIPC, been battling with them for over 2 months now trying to sort out something. Every time I phone they give me a form to download and email, wash rinse repeat baby. I am tired.

But I might be wrong about the CC and Pty costs, will put some effort into it...

 

[IzZzy]

Just had a quick skwizz at the CPA - s79 says you can't trade under a business name (e.g. trading name) unless such name is registered in terms of the CPA.

 

[JustAsk]

You can't use 'trading as" anymore.Your registered name gets automatically registerred with cpa.

 

[cYcLIc]

I heard that you can have a "trading as" name if you register the name as a defensive name registration with the CIPC. I'd check with them.

 

[Legosa]

Cyclic, you spot on. Registration of a Defensive name with CIPC costs R200, and seems you have to do it every 2 years.

Combining the two trading entities into the CC is beneficial from an admin and possibly tax point of view. Loss in one could balance profit in other before both become profitable.

 

[SYNERGY]

Well thats cheap.
But, my cc costs much less yearly I bet

Don't forget that you have your annual fee's payable as well.

 

[Stirer]

The use of "trading as" is now disallowed?

Yes you can - just make sure that trading name isn't a registered trademark or protected business name.

I would say on all orders/invoices: "[Name] CC, trading as X".

This conflicts with other advice I was given. According to the Consumer Protection Act of 2008, along with the dissolution of CC registration, we are not allowed to trade as an entity that is not registered with CIPRO. In the past, some CCs used names of existing registered companies or products for their "trading as" entity, and unless the name is registered somewhere, there's nothing to prevent someone else legitimately registering a company name or product, without knowing that it is already in use.