Josef Bergt
2023
In the realm of corporate law, the designation of a company's name is a critical aspect that carries both legal and branding implications. In the Principality of Liechtenstein, the process of company naming is governed by a set of well-defined rules and regulations, as outlined in Article 1011 et seq. of the Liechtenstein Persons and Companies Act (PGR). This article aims to provide an overview of these regulations, shedding light on the nuances of company naming in Liechtenstein.
The company name, or “firm”, is the designation under which an entrepreneur registers a company in the Commercial Register, operates it, and signs for it. This name serves to individualize and identify the legal entities entered in the Commercial Register. In contrast, the term "name" refers to the designation given to natural persons as well as to associations and foundations. In legal transactions, the company name or the name recorded in the Commercial Register must be specified in full and without modification.
The company name may only contain details that are admissible by law, in addition to the details required by law. These details may express personal relationships of the company owner, information about the purpose of the company, succession relationships, business names, trademarks, the location of the company, or invented names, provided that they are not untrue, immoral, or illegal, or serve unfair competition. The legal form suffix must appear at the end of the company name and must be stated as a separate word.
Company names must be registered in German, unless the Office of Justice grants an exception (all Latin upper case and lower case letters as well as Arabic numerals are admissible). Registration in a foreign language alone is only permitted for legal entities that do not engage in activities of a commercial nature. Legal entities that engage in activities of a commercial nature may register the company in another language in addition to German. If a company name is registered in several languages, the content of the versions must be as similar as possible.
A company name entered in the Commercial Register may not be used in Liechtenstein by any other company. Therefore, the Office of Justice will refuse to enter a company name that is identical to a company name that has already been entered. The provisions concerning company name exclusivity are also correspondingly applicable to foundations that are not entered in the Commercial Register and to registered trusts and trusts. In general, it is also not allowed to use official abbreviations of countries or international organizations as well as national designations of Liechtenstein (“Principality”, “princely”, “Liechtenstein”, “LI”, “LIE” or “FL” for German ‘Fürstentum Liechtenstein’ which translates to “Principality of Liechtenstein”).
Source: Factsheet AJU/ h70.024e.02
Executive Summary:
Address
Law Firm Bergt & Partners Ltd.
Buchenweg 6
P.O. Box 743
9490 Vaduz
Liechtenstein
Phone
+423 235 40 15
office@bergt.law