Company Formalities

The Companies Act 1985 (the Act) lays down some compulsory provisions. Also the updated Companies Act 2006 requires all companies to disclose the basic details on their order forms, web sites and electronic communications. These rules take effect from 1st January 2007.

As a bare minimum, we recommend that you always show the following on any company documents:

  • The full name of the company, normally ending in the work “limited"
  • The company’s registration number, which will have been allocated by Companies House
  • The Company’s registered office
  • That the company is incorporated in England and Wales (or Scotland)
  • Your VAT number (if registered)
  • Details of any regulated profession.

Please note there’s no need to list all the directors. However, if you choose to, the rule is “all or nothing”, i.e. you can’t leave any off the list.

Outside the premises


Wherever your business operates from, whether it is your own home or an office, the Act
requires you to display your company’s name in a prominent position. A failure to do this could, in theory, mean that both the company and its directors are fined.

If you work from home, displaying your company’s name is probably not a good idea – the council might try to charge you business rates.

Cheques and orders


The Act is also specific when it comes to putting the company’s details on cheques or orders.


You must show the company’s full name, including the word “limited”. Forgetting to comply with this simple requirement, e.g. misspelling the company’s name, could lead to it being fined and worse still, the directors being personally liable to honour the contract or cheque.

Avoid being sued as an individual for something the company has done by personally checking any new supplies of stationery or pre-printed chequebooks to ensure that the company’s name has been spelt correctly. Avoid using a shortened version of the company’s name internally, as this may increase the likelihood of the incorrect name appearing on cheques and orders.


Online business


In addition to placing all your basic company details on your web site, you must also include the following.

1) The name of your data controller. This is to comply with the Data Protection Act. It should give the name of the person chosen to handle your customers’ data. Ideally, it should be incorporated as part of your privacy statement.

2) The geographical address where the company is situated. This will often be different from the registered address.

Do not overlook these simple disclosure requirements when it comes to putting together the company’s web site, especially if it’s for online trading. A failure to do so could result in anything from the contract being cancelled by the third party (no geographical address provided) to a stern letter from the Information Controller
(no data controller named).

 

 
 
 
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