Please don’t forget the name of your Company

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

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You are legally obliged to include your correct legal identity on all order forms, invoices, letters and other business-related documents as well as your website.

Failure to do so can result in Trading Standards becoming “interested”, which inevitably leads to them endeavouring to find other issues with your paperwork and where they can, more matters beyond just that.

It can also lead to a hefty fine for non-compliance.

For example, say you are known as “Pumping Cars” but are a limited company, you must state that it is “Pumping Cars Ltd”.  If your limited company name is considerably different to its trading name, your business stationery can say “Pumping Cars is a trading name of Plethora of Complaints Ltd”.

The purpose of this is to ensure that those who enter into contracts with you know the precise legal entity of who they are doing business with.  

We have seen cases where a consumer has issued court papers against clients, not putting the word “Limited” on the claim form.  Where this happens, you are unlikely to succeed in getting a court to throw the case out just on that – they will simply add the word “Limited” to the Claim Form.

As a matter of routine, you should check from time-to-time that your business stationery as well as your website contains, amongst other things, the correct legal name of your business as well as an address.  This applies whether or not the business is a limited company or a sole trader/partnership.

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Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Disclosure: Be transparent with your company details

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

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.”

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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