Disclosure: Be transparent with your company details

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The requirements are stipulated in the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015.

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The Companies Act 2006 requires that companies are transparent with their details. It is vital that your legal identity is easily accessible and recognisable for anyone who interacts with you or wishes to do so.

Though often used interchangeably, a trading name is not the same as the company’s legal name. A company name represents the registered legal entity while a trading name is additionally used to enhance brand recognition and marketing. 

You must include your company’s registered name, registered number, and address in all correspondence, documentation, and official publications. This means that invoices, order forms, emails, letters, and websites must offer the information that corresponds with the details on Companies House.

If a company neglects to comply without a reasonable excuse with these requirements, an offence is committed by every officer of the company in default. We have seen a director personally fined.

We recommend you review how your company is represented and ensure compliance. 

The requirements are stipulated in the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 and conveniently expressed in paragraphs 9 and 10 in the following guidance:

https://www.gov.uk/government/publications/incorporation-and-names/incorporation-and-names#disclosure-of-company-name-and-specified-other-information-trading-disclosures

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Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?

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Companies Act 2006 – Email Footers

Please note, the definition of business letters has been clarified as being ‘in hard copy, electronic or any other form.”

Please don’t forget the name of your Company

Failure to do so can result in Trading Standards becoming “interested”, which inevitably leads to them endeavouring to find other issues.

Invoice the correct way

If you are a sole trader, the invoice must include your name and any business name.

Does your customer know who they are dealing with?

Comply with the requirements of the Companies Act 2006

Displaying your Company name… What are you obligated to do?

A Judge recently allowed a Claimant to pursue proceedings against a Director personally rather than the limited company.

Company Secretaries – check your headed paper!

Company law requires that certain information must appear on company headed paper, other official documents and websites.

So, who am I contracting with?

The names may be fictitious but the Court of Appeal has recently held that the contract would be with the named individual in a personal capacity.

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