A European Commission investigation has revealed that more than half of websites selling electronic goods ere breaking European laws aimed at protecting consumers [BBC, Websites "breaking consumer laws", September 2009].
Although I intend to look into that article further, it did get me thinking. In the United Kingdom, what is the basic level of information that a company is required to include on its website? This will help to serve as a useful reminder since the revised verrsion of the Companies Act comes into full effect in October 2009.
The Companies Act 1985 was revised in 2006 [Office of Public Sector Information (OPSI) Companies Act 2006] with some of the changes coming into effect in 2007 with full implementation in October 2009. New requirements were specifically introduced for electronic documentation, including e-mail and websites.
From January 2007, Companies are required to include the following in electronic documentation:
- company name;
- company registration number; and
- registered office.
The company name must end in an appropriate suffix – for example, “Ltd.” or “Limited”. If the name the business trades under is different in any way from the name of the company as shown on its certificate of incorporation, then the full name, including “Limited” etc. must also be shown.
The registered office must be identifed as the registered office. The important part to displaying the address of a business is that the registered office must be clearly identified and differentiated against any other trading addresses.
The area of registration must also be identified – for example, in “England & Wales” or “Scotland”.
In general it is good practice for all businesses (sole trader, partnerships, etc.) to provide contact details on any website they operate. Partnerships and Limited partnerships should also give the details of partners – noting that this information is also available from public registries.
It is also good practice for a web site to clearly display the name of the company that will be performing any business transactions and to show any appropriate registrations – including VAT registration even if the website or business does not perform online sales.
Further information & publications about the Companies Act 2006 can be found on the Companies House website [Companies Act Publications, Companies House, September 2009].
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