Legal wording for Trading As Companies

[nextec]

Hi
If I have a limited company that is also going to be trading as another name, is there an exact legal requirement for the wording.

For example does it have to be "Company A Ltd trading as Company B" on the paperwork and web site etc, or can it state "Company B a division of Company A Ltd?

I can find lots of information online about trading as companies but nothing states if the exact wording is a requirement.

Thanks
Richard

 

[Lawyer]

There is no exact wording. You simply hav eto ensure on notepaper, invoices, web site etc that somewhere the proper full name appears like ABC Ltd company no XYZ registered office address ... Then usually in bigger letters at top of the notepaper you can put the trading name and do not have to refer to a division or anyting else

So you could have at the top "Top Flight Flights"

Then at bottom in smaller letters Hill Smith Ltd and the number etc or Hill Smith Ltd trading as Top Flight Flights

 

[estwig]

There is no exact wording. You simply hav eto ensure on notepaper, invoices, web site etc that somewhere the proper full name appears like ABC Ltd company no XYZ registered office address ... Then usually in bigger letters at top of the notepaper you can put the trading name and do not have to refer to a division or anyting else

So you could have at the top "Top Flight Flights"

Then at bottom in smaller letters Hill Smith Ltd and the number etc or Hill Smith Ltd trading as Top Flight Flights

That's interesting, I always thought (perhaps assumed) you have to have some kinda 'trading as' comment.

 

[nextec]

That's interesting, I always thought (perhaps assumed) you have to have some kinda 'trading as' comment.

I had always assumed that as well. hence the reason for the question.

To me XYZ Ltd trading as ABC written in small writing and hidden at the bottom of the documents always makes it appear a bit dodgy as if you are trying to hide the real identity.

By putting ABC company, a division of XYZ Ltd on the paperwork makes it appear less dodgy to the general public who would not know much about why a company would be trading as another name.

Thanks
Richard

 

[Lawyer]

TThe reason you cannot find law which talks about trading as is it does not exist. The legal requirements for businesses are I think in the Business Names Act and companies in company legislation. If it is a limited company you have to give the full company name somewhere. You do not have to say the name at the top is a trading name of the detailed full name at the bottom as that is supposed to be obvious. So you could put JBS Fruits and at the bottom 1234 Ltd registered office etc. If it's a sole trader like my firm then youc an put the name at the top of the notepaper - Singletons, Solicitors and then at the bottom my full name but I don't have to put "trading as"

 

[nextec]

I am sure that it is a legal requirement to show the company registered address and company number on the web site. But looking round very few websites (even those belonging to large companies) appear to carry this information.

Is this ever enforced and can you be fined for not complying with the requirement?

Thanks
Richard

 

[Bob]

Companies House guidance here

 

[mahutchinson]

It certainly is a requirement to disclose company details on not only websites but business emails as well. I have noted before how many large (FTSE 250 including banks and financial institutions) companies do not comply with this so the likelihood of small ones doing so is remote.

Regarding the "trading as" issue, I can't think of any reason why you would not want to include these words for clarity.

 

[CJ2007]

Hi, I just saw this post. I decided to add both of my trading names to the bottom of my website (although I only really trade under one). This is because it gives the information that my company owns/registered both of these trademarks, in case anyone tries to google them to use.

 

[Gecko001]

As well as the term "trading as", some companies will use "is a trading name of " as in "ABC Widgets is a trading name of XYZ Industries".

 

[TODonnell]

I always thought it was "ABC Widgets t/a XYZ Industries" was sufficient.

I would guess it becomes important to specify who you are when entering into contracts, mainly: who or what is actually doing the deal.

'XYZ Industries', above, does not exist as a legal entity.

Still, would that not help crooks? You sign a contract with XYZ Industries but they don't actually exist?

It is curious.