Companies Act (1985)

For those who don't know, and I wouldn't be that surprised if you didn't (see below), an amendment came into force on 1st January whereby the registration number, VAT number, and "geographic address" must be appended to a company's website and all email. This amendment goes under the obvious name of Statutory Instrument 2006 No. 3429 - The Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 linked here for those interested.

By the way note the dates "Made: 20th December 2006, Laid before Parliament: 21st December, Coming into force 1st January 2007" congrats you've got less then two weeks to comply with the new rules when everyone's off for the holiday.

As per most SI's of its kind it's very easy to follow and see exactly what is being altered, here's an example:

1. —(1) Section 349[19] of the 1985 Act (company's name to appear in its correspondence etc) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after "business letters" insert "and order forms";

(b) after paragraph (b) insert—


" (ba) on all its websites,".

Well you might be able to guess what that's on about, but to truly know you'd need to look at the Companies Act (1985) - good luck, it's not on-line. Oh the 2006 one is, but not 1985; OPSI only goes back as far as 1988. However if you've got £44 to spare you could buy it.

Now out-law give their own interpretation of this, which is very handy, but still leaves some questions. The kicker is that the SI seems to indicate that the company must have its name on its business letters and order forms and its websites, but the only reference to registration number appears in Schedule 1.3 and 2.3 which appears to deal only with the use of an old number. The only explicit mention is in the explanatory note which states

Regulations 6 and 7 and Schedules 1 and 2 amend the 1985 Act , the 1986 Order, the Insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989 so as to include websites and documents in electronic form in provisions requiring the company's name, registered number, registered office and other particulars, and the fact that the company is being wound up (where that is so), to appear on correspondence, publications and other documents.

Whereas the language in Schedule 1.2 suggests that this is only the case for order forms it's the catch-all "other documents" in the note that rankles. As I'm sure that most companies don't have a copy of the Act in question just lying about I'm sure they'll just read this and will quote name, rank, and serial number on every piece of documentation regardless of purpose just to be on the safe side.

It's also quite hilarious as to why this has been brought into the electronic age, prior to the internet I would require the VAT number and possibly the registration number of a company and the only easily available method would be from the company's own stationery. Nowadays I just head on over to the companies house web site here and use their WebCHeck(sic) facility for the registration number; and by law a VAT number has to be present on any invoice or request for payment by a VAT registered company, and that can also be verified online at the Europa site here (when it works) so either the interpretation of the SI is wrong or the Act has been re-worded incorrectly. Me I'd have said something along the lines of "All external business documentation must contain name, address, and registration number, all requests for payment must also contain a VAT number (if applicable)" Tada, covers letters and publications in whatever form you use and is easy to understand (ie your internal mail doesn't need this)

So why all the miffiness? Well new legislation is brought in just before the holiday period to be put in place just after said holiday period which refers to an Act you can't easily obtain. Ah democracy in action.