IDENTIFICATION OF THE COMPANY IN CORRESPONDENCE, DOCUMENTS AND ELSEWHERE

Correspondence
(Note: this page is currently being re-written in view of recent law changes. Some of the information here may no longer be current. UKcorporator's incorporation process however remains perfectly valid and effectual and complies with current law.)

Section 349 of the Companies Act 1985 provides as follows:



(1)
Every company shall have its name mentioned in legible characters -
(a) in all business letters and order forms of the company,
(b) in all its notices and other official publications,
(ba) on all its websites,
(c) in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the company, and
(d) in all its bills of parcels, invoices, receipts and letters of credit.
The remaining three subsections of section 349 deal with the liability of the company and its officers if subsection (1) is breached.

Additional requirements for certain correspondence
Section 351 of the Companies Act 1985 contains some additional requirements for 'business letters and order forms'. Subsections (1) and (2) of that section are as follows:



(1)
Every company shall have the following particulars mentioned in legible characters in all business letters and order forms of the company, and on all the company's websites, that is to say -


(a)
the company's place of registration and the number with which it is registered,


(b)
the address of its registered office,


(c)
in the case of an investment company [i.e. a species of public company defined in section 266 of the Act] the fact that it is such a company, and


(d)
in the case of a limited company exempt from the obligation to use the word 'limited' as part of its name, the fact that it is a limited company.


(2)
If in the case of a company having a share capital there a reference to the amount of share capital -


(a)
on the stationery used for any such letters,


(b)
on the company's order forms, or


(c)
on any of the company's websites,
      the reference must be to paid-up share capital.

A further provision which must be complied with is section 305(1) of the Companies Act 1985 which provides as follows:



(1)
A company...shall not state, in any form, the name of any of its directors (otherwise than in the text or as a signatory) on any business letter on which the company's name appears unless it states on the letter in legible characters the name of every director of the company.

Company name outside premises
Section 348(1) of the Companies Act 1985 provides as follows:



(1)
Every company shall paint or affix, and keep painted or affixed, its name on the outside of every office or place in which its business is carried on, in a conspicuous position and in letters easily legible.

Under section 348(2) a daily default fine applies for so long as the company continues in breach.
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