Your clients have the legal right to understand exactly who they are dealing with. If they don’t, you could find yourself with agreements being void and not getting paid for the work you do…
Imagine it – business is booming and you have just had one of the strongest quarters to date.
Then suddenly, your customers stop paying and you have no legal way to get your money as a result of not abiding by trading laws and disclosing your legal trading entity.
But what is the legal trading entity?
In a nutshell, it’s the name of the business used for tax purposes. It’s the ‘legal’ name of the person or entity that owns it.
If you’re a sole trader, a plasterer for example, then the legal trading entity of your business is your name with or without your initials or forenames.
So, if your name is Richard James Smith, the legal name for your business could be Richard James Smith, Richard J Smith, Richard Smith R. J. Smith, R Smith or simply Smith.
If you trade under a name which does not include your surname, for example, Phoenix Plastering Services you would have to give your surname to every current or potential client.
For example Smiths Phoenix Plastering Services or Richard Smith trading as Phoenix Plastering Services together with an address at which you can be contacted. In legal parlance an address at which you will accept the service of documents.
For unincorporated partnership in gets a little more complicated as the legal trading name is the last names (with or without initials or forenames) of all of the partners.
For limited liability companies, partnerships and corporations, the business’ legal name is the one that was registered with Companies House including Ltd, LLP, PLC etc. In addition, there are specific disclosure requirements for these types of business including full corporate name, registered office address, registered number and place of registration.
The trade or business name is the name a company uses for advertising and sales purposes. It’s imperative you understand that this is different from the legal trading names previously described.
It’s a legal requirement that your legal trading entity is included on all business documents and their electronic equivalents which include invoices, letters, emails and websites.
If you’re a business that may trade under a different name to your legal trading entity and may be unsure of the rules, get in touch with the Crimson Crab team today.