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January 11, 2007, 3:05 pm
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Received from Chamber of Commerce... for limited companies etc...
passing it on to y'all.... as I've seen no discussion about it here...
check client sites and advise accordingly?
Proposed changes to disclosure obligations - websites, e-communications and
Companies (including LLPs) will be required to disclose certain details on
their order forms, websites and electronic communications in a change to
the existing law which takes effect on 1 January 2007.
Currently, companies are required to clearly disclose their name on
documents such as business letters, notices, official publications,
financial documents such as cheques, promissory notes and bills of
and in invoices, receipts and letters of credit.
Companies are also currently required to include the following information
on business letters and order forms: place of registration (England and
Wales, Wales or Scotland), registered number and registered office
Under the proposed changes, companies will also be required to:
· clearly state their name in order forms and on their websites.
· state place of registration, registered number and registered office
details on their website.
Business letters and order forms will, in future, include documents in
hard copy and electronic form, so if business letters are sent
electronically in the form of emails or faxes, those emails and faxes will
also need to include this information.
What happens if you don't comply?
The penalty for non-compliance is a fine, which can be levied on any
officer of the company or any person who authorised the issue of the
non-complying document or website.
What to do now
These changes are proposed as a result of the First Company Law Directive,
which has to be implemented into UK law by 31 December 2006. However, with
only a few working days to the end of the month the statutory instrument
which will make these changes to the Companies Act 1985 has not yet been
published, leaving many businesses unaware of these provisions. The only
information available on these proposals is set out in a recent
consultation document issued by the DTI.
Our advice to companies and LLPs is to review their documentation now to
check that they are complying, and to take steps to make the necessary
changes as soon as possible.
There are only 4 checks which need to be made in order to comply with the
additional disclosure provisions:
1. Ensure that the company's website and order forms include the
name registered at Companies House as well as any trading name. Most
will already include this.
2. Check that the company's website includes the place of registration,
registered number and registered office details of the company. Many
will not include this information, so it may need to be added.
3. If the company's details have been submitted to websites such as
trade directory sites or portals and the information is under the
control, provide the additional information to those sites.
4. If the company sends business correspondence electronically (eg by
email or fax), check that email templates, fax front sheets and any other
electronic templates (including in Blackberrys) include the required
information. This may be achieved by copying the statutory information
currently on your company's letterhead into the relevant e-templates.
google results for this:
Have fun.. :)