Advice to business - Business Names Act
Information about the Business Names Act concerning the use of certain names and the disclosure to certain details of ownership.
Advice and support for consumers in Solihull is now provided by Consumer Direct.
Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in The West Midlands and by Government.
Consumer Direct works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services
To speak to a Consumer Direct adviser, please call 08454 04 05 06. Opening hours are 8.00 a.m. and 6.30p.m. Monday - Friday or 9.00a.m. to 1p.m. on Saturdays. (Minicom users should call on 08451 28 13 84). To e-mail Consumer Direct, please Contact us via the Consumer Direct website.
A wide range of consumer information and advice is also available online from the Consumer Direct website at http://www.consumerdirect.gov.uk/
What is a business name?
It is any name used by any person, partnership or company for carrying on business, unless it is the same as their own name.
What does the Act apply to?
- An Incorporated company trading under a name which is not the full limited company name - e.g. ABC Foods Limited, trades as "ABC Foods" - then the disclosure rules apply. Incorporated companies must also comply with the rules of the Companies Act.
- Partnerships If the business has more than 20 partners, you do not need to put all the partners' names on your business documents. However, you must give the address of the principal place of business and say that a full list of the partners' names and addresses can be inspected there.
- A sole trader e.g. Mr W Smith trades as "W Smith Bakery" then the disclosure rules apply.
What details must be disclosed about the business?
If appropriate
- The corporate name or
- The name of each partner or
- The name of the individual and
- For each person named, an address at which documents can be served.
Where does this information need to be shown?
It must be clearly displayed in:
- 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 and services.
- Invoices and receipts.
- Written demands for payment of business debts.
- In writing , immediately to any person with whom you are doing business.
How does the information need to be given?
As long as it can be easily seen and read it can be printed or hand written. You do need to think about the size, and position, of the notice - making sure that your customers and suppliers will see it.
Failure to comply with the Business Names Act 1985 is a criminal offence and in addition the business may be unable to enforce its contracts with other parties.
Example of Display Notice
PARTICULARS OF OWNERSHIP OFCrushed Coconut Carpeting As required by Section 4 of the Business Names Act 1985 |
|
| Full Name(s) of Proprietor(s) | Address |
|---|---|
| John Smith |
17 High Street Chambers Anytown AN1 2CD |
|
Richard Doe |
Warehouse Buildings Smith Street, Anytown, AN1 4PF |
Contact Details
Consumer Advice and Information in Solihull, is now provided by our partners at Consumer Direct West Midlands. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities (Trading Standards) and Central Government. If you do need support or assistance from Trading Standards, you will of course be referred to them by Consumer Direct.