Decision

Decision on Qatar National Oil Company Ltd

Updated 13 October 2020

Order under the Companies Act 2006

In the matter of application No. 2073

For a change of company name of registration No. 10089824

Decision

Company number 10089824 was registered on 30 March 2016 under the name QATAR PETROLEUM LTD.

By an application filed on 2 August 2019, Qatar Petroleum applied for a change of name of this registration under the provisions of section 69(1) of the Companies Act 2006 (the Act).

A copy of this application was sent to the primary respondent’s registered office on 21 August 2019, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Signed For” service and also by standard mail.

In a letter dated 13 September 2019, the applicant’s professional representatives, CMS, advised the Tribunal that the primary respondent had changed its name to QATAR NATIONAL OIL COMPANY LTD. It also indicated that there had been a change to the directors of the company and asked for the “current directors” of the primary respondent to be joined to the proceedings. The Tribunal responded to the above in a letter dated 1 November 2019, in which it indicated: (i) its preliminary view was that the new name was still an offending name, (ii) the applicant may make an application to amend its statement of grounds, and (iii) as the individuals mentioned by the applicant in its letter had resigned as directors, evidence would need to be provided as to why they should be joined to the proceedings.

On 15 November 2019, CMS filed an amended Form CNA1 in which it indicated it was no longer pursuing the joining of co-respondents to the proceedings. A copy of the amended Form CNA1 was sent to the primary respondent’s registered office on 23 December 2019, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Signed For” service and also by standard mail. That letter was returned to the Tribunal marked “Not at this address – Return to sender.”

On 20 February 2020, the parties were advised that no defence had been received to the application and so the adjudicator may treat the application as not being opposed. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. No request for a hearing was made.

The primary respondent did not file a defence (in either the two month period allowed in the official letter of 21 August 2019) or the two week period specified by the adjudicator under rule 3(3) in relation to the amended application. Rule 3(4) states:

The primary respondent, before the end of that period, shall file a counter-statement on the appropriate form, otherwise the adjudicator may treat it as not opposing the application and may make an order under section 73(1).

Under the provisions of this rule, the adjudicator may exercise discretion so as to treat the respondent as opposing the application. In this case I can see no reason to exercise such discretion and, therefore, decline to do so.

As the primary respondent has not responded to the allegations made, it is treated as not opposing the application. Therefore, in accordance with section 73(1) of the Act I make the following order:

(a) QATAR NATIONAL OIL COMPANY LTD shall change its name within one month of the date of this order to one that is not an offending name ^{[footnote 1]};

(b) QATAR NATIONAL OIL COMPANY LTD shall:

(i) take such steps as are within its power to make, or facilitate the making, of that change;

(ii) not to cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name.

In accordance with s.73(3) of the Act, this order may be enforced in the same way as an order of the High Court or, in Scotland, the Court of Session.

In any event, if no such change is made within one month of the date of this order, I will determine a new company name as per section 73(4) of the Act and will give notice of that change under section 73(5) of the Act.

Although the applicant is claiming its costs, in its Form CNA1 it indicates it:

has not attempted to contact the company on the basis that the company appears to be a “sham” or “bogus” entity.

Regardless, in line with the guidance in paragraph 10.4.1 of the Tribunal’s Practice Direction, I make no award of costs.

Any notice of appeal against this decision to order a change of name must be given within one month of the date of this order. Appeal is to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The company adjudicator must be advised if an appeal is lodged, so that implementation of the order is suspended.

Date 6th August 2020

Christopher Bowen
Company Names Adjudicator

1. An “offending name” means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69. ↩