Why do the controls exist?
The purpose of the Act is to ensure that consumers and businesses know who they are trading with. This ensures that in the event of any enquiry or complaint they may have, they know who they need to contact and where they can be contacted.
- an individual who trades under a name which is not his or her surname (with or without initials or forenames) eg: Mr James Smith could trade as "Smith", "J Smith" or "James Smith" but if he trades as "J Smith Brewery" he would have to comply.
- a partnership who does not trade under the names of all the partners, eg: a partnership of Smith, Williams and McGregor, but trading under the name "Smith and Partners" would need to comply.
- a limited company who uses a different trading name eg: a company called "ABC Foods (UK) Ltd", but trading under the name ABC Foods would have to comply.
What information must be given?
The name of the proprietor of the business (or the name of every partner), or the name of the company if it is a limited company. Special rules apply if there are more than 20 partners.
An address, in relation to each person named, where documents may be served effectively.
Where must this information be given?
It must be:
- PROMINENTLY DISPLAYED on any premises where the business is carried on, so that it can easily be read by customers and suppliers; AND
- LEGIBLY PRINTED on all business letters, written orders, invoices, receipts and demands for payment; AND
- GIVEN IN WRITING immediately to any person with whom you are doing business and who asks for such information.
What if I do not comply?
Failure to comply with the Business Names Act 1985 is a criminal offence and may lead to a fine of up to £1000.
This leaflet is a brief summary of the law and is intended for general guidance only and should not be taken as being an authoritative legal document. For specific advice please contact Wigan Trading Standards.
