Sole trader requirments (displaying name)

Morgan · Apr 25, 2007

Hi, is it a requirement to have my name and address displayed on my literature (Terms and conditions etc) and on my website? My address is my home address and I'm not keen on having it banded about everywhere?

DuaneJackson · Apr 25, 2007

Not sure about the address - but the name certainly.

Depending on what you're doing - not having a postal address on the website can put people off from dealing with you.

PI Guy · Apr 25, 2007

if you are selling goods then yes.

Morgan · Apr 25, 2007

Not selling goods I do pet sitting and dog walking. Obviously I only want to appeal to a very local audience so I don't think it will put people off.

Astaroth · Apr 25, 2007

I was aware that a sole trader should put "John Smith t/a Bobs Builders" but is there any requirements for partnerships (non-LLPs)?

I cant remember ever seeing anything that said they did have to list their partners names etc but given partnerships do not have to be registered in any way it seems odd that one requires disclosure of the name but the other doesnt.

PI Guy · Apr 25, 2007

http://www.companieshouse.gov.uk/about/gbhtml/gbf3.shtml

Business names are no longer registered with any government departments. But there are laws about using certain names and disclosing certain details of ownership.

Before 1982 many business names had to be registered under the Registration of Business Names Act 1916. This Act was repealed on 26 February 1982 when new rules on business names came into force in the Companies Act 1981. This law was replaced by the Business Names Act 1985. This allows the Secretary of State to have certain controls over the name you choose for your business and what you must tell others about the ownership of the business.

Some words and expressions are controlled by other laws. These rules protect the rights which persons may have in relation to names or words. (In law, 'person' includes individuals and companies.)

CHAPTER 1
Business names

1. What is a 'business name'?

It is a name used by any person, partnership or company for carrying on business, unless it is the same as their own name.

3. Who does the Business Names Act apply to?

It applies to:

a company which trades under a name which is not its corporate name, for example, 'XYZ Limited' trading as 'Fish Antiques';
a partnership which does not trade under the names of all the partners;
an individual who trades under a name which is not his or her surname. It makes no difference whether the individual's first names or initials are added. So the Act would apply to Mr JQZ Singh if he traded as 'Singh Antiques' but not if he traded as 'Singh' or 'JQZ Singh'.

5. Which names need approval?

Names listed in appendices A, B and C need approval to avoid the public being misled into believing that a company has a size or status that is not justified. Appendix A also lists broad guidelines on criteria that your business will need to meet for certain words and expressions. A name that gives the impression that the business is connected with Her Majesty's Government or with a local authority will also need approval before it can be used.

Disclosure rules

1. Do the disclosure rules apply to all businesses?

If the Act applies to you (see chapter 1, question 3) then you must comply with all the disclosure rules.

For example, if Mr W Jones trades as 'W Jones Bakery', then the disclosure rules of the Business Names Act apply.

Disclosure rules also apply to incorporated companies that trade under a different name, for example, ABC Foods Limited as ABC Foods.

Incorporated companies must also comply with the disclosure rules in the Companies Act. These apply to what must be stated on company stationery and are shown in our guidance booklet, 'Company Formation'.

2. What details must be disclosed about a business?

You will need to disclose (as appropriate):

the corporate name; or
the name of each partner; or
the individual person's name; and
in relation to each person named, an address at which documents can be served.

3. Where must this information be shown?

You will need to show the information clearly in all:

the places where you carry on your business and where you deal with customers or suppliers;
business letters;
written orders for the supply of goods or services;
invoices and receipts;
written demands for the payment of business debts.

simonr · Apr 25, 2007

Even if it's not a legal requirement, I've found that quite a few companies won't honour an invoice unless it's got name and address on it (in case it's a fraud etc.).... On one occation, this was despite the person telling me this having been on one of my courses only the week before!

S

asonda · Apr 25, 2007

I was under the impression that aslong as you have a made up certificate, saying so and so is trading under the name of such and such i.e Jamie is trading under the name of Asonda, and that's the name you have put down when you registered as self employed your fine...

You will need your address on your website and business name..

bwglaw · Apr 25, 2007

if you are providing your services to consumers you are more than likely required to provide the name whom the consumer is contracting with (if a sole trader, must be the sole-trader's name, if an unincorporated Partnership, must be all the partners' names) , the address and other contact details.

Transparency is the key. Customers, whether as consumers or businesses will seek to develop trust and providing all the details is a good start to a relationship.

The Business Names Act is not the only legislation that governs the issue of providing names and contact details.

Jonathan

asonda · Apr 25, 2007

I've just had a look thorugh that, thank god it doesn't apply to me...can I ask a question without distracting from the OP.

I currently have my I.T business, I am in the process of setting up a new site...www.cornishauto.co.uk this is noweher near finished, so no comments yet please lol, now can I put at the top, Asonda, because Cornish Auto is the name of the site??

bwglaw · Apr 25, 2007

Can you be sure that even a consumer does not contact you for a quotation? If they do then the consumer regulations will apply. In any event, if you are trading as a business you should make it clear whom the customer is contracted to, even if that customer is a business. This is for your protection as much as the customer.

Your last point, not entirely clear. If you are going to use "Asonda" you should state your name t/as Asonda, or if you are going to use "Cornish Auto" then t/as Cornish Auto.

asonda · Apr 25, 2007

As the site is cornish auto .co .uk I want everything to go via my self employed business, Asonda, so as long as I state Asonda on the site, and jamie t/s asonda in the contact section...I should be good?

bwglaw · Apr 25, 2007

asonda said:
As the site is cornish auto .co .uk I want everything to go via my self employed business, Asonda, so as long as I state Asonda on the site, and jamie t/s asonda in the contact section...I should be good?

Yes - your full name. The consumer issue still remains though. If you deal with consumers you will need terms and conditions, privacy policy etc. In any event, every business should have this.

Happy to advise further by email at the address below

Jonathan

sjbeale · Apr 25, 2007

If you are worried about revealing your home address you can get a PO Box number from the post office for less than £100 per year and they deliver the mail as normal to your home address.

PI Guy · Apr 25, 2007

sjbeale said:
If you are worried about revealing your home address you can get a PO Box number from the post office for less than £100 per year and they deliver the mail as normal to your home address.

that would not prevent anyone from knowing your addrees. The best way is a virtual office.

bwglaw · Apr 25, 2007

SALINV said:
that would not prevent anyone from knowing your addrees. The best way is a virtual office.

I agree, even that does not prevent an address being revealed to a third party, maybe not so easy as a PO Box but nevertheless.

PI Guy · Apr 25, 2007

bwglaw said:
I agree, even that does not prevent an address being revealed to a third party, maybe not so easy as a PO Box but nevertheless.

the diff is that it would against DPA to reveal it but it isn't with a PO box

bwglaw · Apr 25, 2007

SALINV said:
the diff is that it would against DPA to reveal it but it isn't with a PO box

I do not see any difference since both are covered by s.35 of the DPA. However, Royal Mail will readily give out the real address behind a PO Box whereas a virtual address provider may not so readily give out the data. I do not normally make a request to the virtual address provider unless service has been difficult to effect.

This is from experience of course.

PI Guy · Apr 25, 2007

bwglaw said:
I do not see any difference since both are covered by s.35 of the DPA. However, Royal Mail will readily give out the real address behind a PO Box whereas a virtual address provider may not so readily give out the data. I do not normally make a request to the virtual address provider unless service has been difficult to effect.

This is from experience of course.

I think (correct me if i'm wrong) royal mails t&C's state that they will give it out for a business and its therefore not covered under the dpa..

Disclosure of information

We reserve the right in all cases to give the address of the PO Box holder, should it be requested.
The PO Box address (and title) will be added to our national address database, the Postcode Address File (PAF). Information on PAF is used to produce a number of address management products available to the public. It is also reproduced in free postal address books, which we provide to all organisations listed on the file. Find out more about PAF data and Postal address books.

bwglaw · Apr 26, 2007

Yes, agree. We used to have a PO Box. Similar terms exist under contracts for virtual address services.

I suspect you are missing the point I was making that s.35 is an exemption to the DPA so regardless of the term, Royal Mail and other virtual address services will be required to release the data

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Sole trader requirments (displaying name)

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