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Don't become tangled in the web
Page 42
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Failing to put your company details on your e-mails and website isn't just poor business practice — you could
be fined. Nigel Miller explains.
y law a company's name and certain other company details must appear in its business letters and other publications. However, this requirement predates widespread use of e-mail and the intemet and it has never been clear if it extended to electronic media as well as print.
But the law has finally caught up with the technology and on 1 January this year amendments to the Companies Act extended the requirements to websites and other electronic documents.
Directors and other company officers need to be aware of these changes because failure to comply can lead to fines, for which company officers can be personally liable.
Under the existing UK e-commerce regulations, which apply to most business websites, specific information must be included on a company's website: • The name, geographic address and e-mail address of the service provider must be given -a PO Box number is not sufficient.
• If the business is a member of a trade or professional association, membership details must be provided, including any registration number.
• If the business has a VAT number it must be stated, even if the website is not being used for e-commerce.
• The regulations also require that where the website refers to prices they must be given clearly and unambiguously. In particular the site must say if they are inclusive of tax and/ or delivery costs.
Give your full name The Companies Act says you must show the full name of the company (which includes the word "limited" or -plc" if applicable) on a range of documents including business letters, notices, cheques, orders, invoices, receipts and other "official publications". And if you do business under a trade name you must include the full company name as well as the trading name.
The new rules means companies must ensure that the full corporate name, place of registration,registration number and the address of the registered office are on their websites, e-mails and other official electronic communications. The typical format is: The ABC Company Limited, Registered in England and Wales under number 1234567, registered office at 10 High Street, London EC2 3NN:". Failure to comply is punishable by fines and the person responsible can be personally liable.
E-mails must also contain this information. Your standard e-mail signature could easily he amended to include this wording and websites should also be updated;probably on the "About Us" or -C,ontact Us" pages. m • Nigel Miller is a commerce and technology partner at City law.firm Fox Williams.