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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48197
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Hello, By mistake members of our staff have been addressing

Resolved Question:

Hello,

By mistake members of our staff have been addressing the company as our trading name ltd, instead of our true company name ltd t/a trading name.

Is this a criminal offence as we are in a legal dispute with a contractor?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben

Ben Jones :

Let me just find the relevant law please

Ben Jones :

So the requirements to display your company name on business stationery is found in The Companies (Trading Disclosures) Regulations 2008:


 


http://www.legislation.gov.uk/uksi/2008/495/pdfs/uksi_20080495_en.pdf


 


The relevant part on your obligations is Reg 6 and the offences are described in Reg 10. A breach amounts to a criminal offence for the company and every officer of the company who is in default, and each may incur a fine at level 3 on the Criminal Justice Act 1982 standard scale. For continued contravention, there is a daily default fine of one-tenth of that sum. This is something that, if necessary, is enforced by Companies House and local Trading Standards officers


 


In addition, if a company is in breach of the regulations, and a defendant in litigation brought by the company can show that he has been prejudiced by the company's breach, the court may dismiss the company’s claim by reason of that breach alone. But obviously there must be a link between the breach and the action of litigation being pursued.

Customer:

Thank you for that info

Ben Jones :

You are welcome. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer:

From what I understand we are in trouble either way?

Ben Jones :

Well don't think the worst just yet - this is a genuine error, not done maliciously and it also depends how it has affected the way business was conducted and those dealing with you

Customer:

Thanks

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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