Company Name Rules in the Abu Dhabi Global Market (ADGM)
Introduction
When establishing or changing the name of a company in the Abu Dhabi Global Market (ADGM), it is important to adhere to certain regulations and requirements. These guidelines are in place to ensure that company names are unique, do not imply connections with government entities, and comply with the Business and Company Name Rules of 2016. We will provide an overview of the restrictions, controls, and requirements for the approval of company names in the ADGM.
- Ensuring Name Uniqueness by name search and validation
To prevent confusion and avoid conflicts, the Registrar’s Company name search should be utilized to verify that the proposed company name is not already in use by another entity registered in the ADGM or any relevant jurisdiction. Additionally, it is advisable to check existing trademarks by contacting the Ministry of Economy or similar offices in other jurisdictions.
- Restrictions on Name Similarity and Misleading Names
A company’s name should not be identical or too similar to an already registered company or partnership in the ADGM or any other relevant jurisdiction. This measure helps to prevent confusion among businesses and consumers. Furthermore, the name should not be misleading, implying relationships with the ADGM, ADGM Financial Services Regulations Authority, or any governmental authority in the ADGM, Abu Dhabi, or the United Arab Emirates (UAE) unless written consent has been obtained.
- Sensitive Words and Expressions
Certain words or expressions are considered sensitive and require special permission or justification for their inclusion in a company name. Examples of such sensitive words include “Government” or “UAE.” If a company wishes to use these words, they must obtain written approval from the relevant authority and submit it to the Registrar during the name reservation or company registration process.
- Prohibited Words and Phrases
The ADGM maintains a list of prohibited words and expressions that cannot be used in company names. This list includes protected and restricted names or phrases, which may change over time due to new legislation. Examples of prohibited words include the names of public authorities, such as the Financial Regulator, Central Bank of the UAE, and ADGM itself, as well as words like “bank,” “insurance,” or “trust” that suggest financial services without proper consent from the ADGM Financial Services Regulatory Authority.
- Name Endings
Different types of companies in the ADGM must use specific endings for their names. Public companies limited by shares should end with phrases such as “public limited company,” “plc,” or variations thereof. Private companies limited by shares must use endings like “limited,” “ltd,” or their variations. Restricted Scope Companies should include the word “restricted” or ‘’RSC’’ and Special Purpose Vehicles should use the word ‘’Holdings’’ in the name and use the same endings as private companies limited by shares.
- Naming Considerations for Branches of Foreign Companies
If a foreign company wishes to register as a branch in the ADGM, it must use the name of its parent company.
- Proposed Name in Arabic
Applicants are required to provide the proposed name of the company in Arabic during the name reservation or incorporation process. If left blank, the Registrar will exercise discretion in determining the Arabic spelling of the name.
Conclusion
Choosing a company name in the ADGM involves several restrictions, controls, and requirements to ensure uniqueness, avoid misleading information, and comply with the Business and Company Name Rules of 2016. By following these guidelines and seeking proper approvals, when necessary, businesses can select appropriate names that reflect their identity while adhering to the regulatory framework of the ADGM. It is important for entrepreneurs and companies to familiarize themselves with the rules and consult the relevant authorities to ensure compliance and a smooth registration process.