Sole Trader info on your website

[Third Sector Lab]

If you're a sole trader where, if at all, do you need to state this on your website?

ie...does it need to say 'Joe Bloggs trading as Bloggs Enterprises' in the small print somewhere?

 

[markie]

Hiya

This from the business link website:


Displaying a sole trader or partnership business name

Your business name, your own name, or the partners' names and business address must be clearly displayed:

* wherever you run your business and deal with customers or suppliers
* on all business letters, orders, payments, invoices, receipts and other business documents

For a full version of the rules on displaying your business details, see the guidance notes on business names on the Companies House website, or call the Companies House Contact Centre on Tel 0870 33 33 636.

The links are:

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073788946

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

Personally I would advise against dealing with -any- company whose website does not display their company number, vat number and address (it is a legal requirement to display these for LTD, PLC and LLP). To all traders I would advise as an open and good business practice for others to do the same. For my own company I insist it is on every page (which is a standard in-house business requirement especially as pages can be scraped without URLs by other sites)

 

[elaine@cheapaccounting]

If you're a sole trader where, if at all, do you need to state this on your website?

ie...does it need to say 'Joe Bloggs trading as Bloggs Enterprises' in the small print somewhere?

The legislation in this area relates to limited companies. I am not aware of any such equivalent law for sole traders (unincorporated businesses) but I would suggest that it could be good practice to display some contact details.

 

[Page]

Don't worry about it.

 

[markie]

Don't worry about it.

I don't think this is entirely true. From the Government website:

-------------------

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.

2. What checks should I make before using a business name?

It is advisable to consult a solicitor before using a business name. You should also check local phone books and any relevant trade journals or magazines, to see if any other business is already using the name. If it is, you could face legal difficulties.

If you have any intention to trade goods or services, you would be well advised to ensure your business name does not conflict with a registered trademark. It does not have to be identical with a trade mark to cause possible conflict. Problems can arise if a name is judged to be confusingly similar.

. 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'.

-----------



Which seems to cover sole traders as well as business. Further:

-------------
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;
• websites;
• written orders for the supply of goods or services;
• invoices and receipts;
• written demands for the payment of business debts

--------------

Clearly if you intend to use your website for commercial purposes then you must also provide a means for people to contact you in the case of a problem or legal dispute. I am not a specialist in this so i am not sure of what legal responsibilities you have (and since I am not a sole trader I really have no understanding of their legal responsibilities) but the moral implications are quite clear.

Since I linked a telephone number and website I suggest you research it.

 

[Page]

I would repeat don't worry about.

If you are going to look and consider every bit of legislation to that extent you will never get anywhere.

There are some that are serious - proper health and saftey issues - and some that really will not cause you any problems if you ignore them. IMHO.

First port of call if any problems will be to just warn you - but I bet you never ever get this even.

Just get on with it.

 

[Diggler]

If you are joe bloggs t/a joe's online shoes, surely you can just use the joe's online shoes as the name.

 

[markie]

I would repeat don't worry about.
If you are going to look and consider every bit of legislation to that extent you will never get anywhere.
There are some that are serious - proper health and saftey issues - and some that really will not cause you any problems if you ignore them. IMHO.
First port of call if any problems will be to just warn you - but I bet you never ever get this even.
Just get on with it.

Heya
Have to say I am with you on some of this and not with you and I will outline some of my thinking. Firstly though I have to warn that I may wander off-point and this is just me being discursive it isn't meant to be offensive.

To begin there is far too much legislation in effect that is true. Much of this legislation is counter-productive to business and it would seem to common sense also. So a reduction in the number of legal requirements of a non-destructive (in which I mean damaging to people, place or rights) nature would be a good thing. I am in favour of that as I am in business.

But the reason we have so many of these -minor- and difficult to enforce pieces of legislation is because of responsibility. I personally believe that businesses should try to be as open and responsible in their dealings with clients as is possible. Unfortunately many people do not believe the same. If they could, many businesses would not give their full details out and would hide or shroud their activities from scrutiny, consider the manner in which the farmers were treated by the supermarkets in regards to the price fixing of milk and cheese.

So we have to write these things into law, and because there are so many people with little responsibility who have to be brought to account we end up writing more and more items into law. This is to protect the rights of people, which in turn creates more paperwork, and puts us as businesses into positions where we must pick and choose what responsibilities we take and which ones we ignore.

some that really will not cause you any problems if you ignore them. First port of call if any problems will be to just warn you - but I bet you never ever get this even. Just get on with it.

In this regard, this attitude, which is common, and one I have found myself using when I come across pointless legislative issues is in fact part of the problem as it encourages the behaviour that results not only in more legislation but in more heavy-handed enforcement of that legislation (which is worse).

My main point is still responsibility. If we act responsibly then we would have no need for these forms of rules. There are far too many bogus companies, or fronts or flash-in-the-pan people out there trying to con the public and the only way we can instill trust in the public is by behaving responsibly. If we all did this then we could be justified in asking for a reduction in the need for so much red tape.

The reason I pointed at the government links was to indicate the legal nature of the overall argument as this was the general nature of the original question. My opinion was and is that we should not deal with people who do not use contact addresses. I would not trade with someone who I could not pursue in the event of a serious breach or dispute and I think it is dubious to have no contact details on your website if you are trading. If you want that level of anonymity sell yourself on ebay.

Sorry for sounding off on this I will put my rant away now and leave the box for the next lunatic on speaker's corner

 

[Sula]

I’m a sole trader and somebody’s mentioned online that my website doesn’t display my address, though it does display a phone number and you can e-mail me.


The reason I don’t put my address on there is because I’ve worked in some ‘interesting’ environments, including prisons, asylum groups and advocacy centres.


I don’t mind someone phoning me – I can always hang up. But I’d rather people didn’t turn up on my doorstep. As an ST my business address is my home address.


Creates a bit of a quandary.


Any advice?

 

[Cream2cream]

think its best to be upfront and state the info where customers can find it, as one of the worries of buyin over the net is being ripped off, hence why if your upfront with ur company details should work out fine for your new business

 

[astutiumRob]

I’m a sole trader and somebody’s mentioned online that my website doesn’t display my address

If you're selling _anything_ from the site, then you're in breach of the DSR.

As an ST my business address is my home address.

It's a "Cost" of doing business online to publish that (which could well be in the WHOIS or other locations anyway) or get a mailing address for the "business"

If you're a sole-trader and *not* putting
Jow Bloggs T/A Bloggs Independant Traders
1 Cul-De-Sac, Town
on your website then ...

* you'll find people wll trust you far less, which related to much fewer sales
* you wont get any of the SSL certificate types that require validation
* you may get a rude awakening from trading standards
etc

Publish the details, pretty soon, simply owning a domain, will require all that information and more to be public anyway, so why try and hide it.