Business Names Act 1985 (repealed)

4 Disclosure required of persons using business names. E+W+S

(1) A person to whom this Act applies shall—

(a) [F1 subject to subsections (3) and (3A)], state in legible characters on all business letters, written orders for goods or services to be supplied to the business, invoices and receipts issued in the course of the business and written demands for payment of debts arising in the course of the business—

(i) in the case of a partnership, the name of each partner,

(ii) in the case of an individual, his name,

(iii) in the case of a company, its corporate name, F2 . . .

[F3 (iiia) In the case of a limited liability partnership, its corporate name and the name of each member, and]

(iv) in relation to each person so named, an address in Great Britain at which service of any document relating in any way to the business will be effective; and

(b) in any premises where the business is carried on and to which the customers of the business or suppliers of any goods or services to the business have access, display in a prominent position so that it may easily be read by such customers or suppliers a notice containing such names and addresses.

(2) A person to whom this Act applies shall secure that the names and addresses required by subsection (1)(a) to be stated on his business letters, or which would have been so required but for [F4 subsection (3) or (3A)], are immediately given, by written notice to any person with whom anything is done or discussed in the course of the business and who asks for such names and addresses.

(3) Subsection (1)(a) does not apply in relation to any document issued by a partnership of more than 20 persons which maintains at its principal place of business a list of the names of all the partners if—

(a) none of the names of the partners appears in the document otherwise than in the text or as a signatory; and

(b) the document states in legible characters the address of the partnership’s principal place of business and that the list of the partners’ names is open to inspection at that place.

[F5 (3A) Subsection (1)(a) does not apply in relation to any document issued by a limited liability partnership with more than 20 members which maintains at its principal place of business a list of the names of all the members if—

(a) none of the names of the members appears in the document otherwise than in the text or as a signatory; and

(b) the document states in legible characters the address of the principal place of business of the limited liability partnership and that the list of the members’ names is open to inspection at that place.]

(4) Where a partnership maintains a list of the partners’ names for purposes of subsection (3), any person may inspect the list during office hours.

[F6 (4A) Where a limited liability partnership maintains a list of the members’ names for the purposes of subsection (3A), any person may inspect the list during office hours.]

(5) The Secretary of State may by regulations require notices under subsection (1)(b) or (2) to be displayed or given in a specified form.

(6) A person who without reasonable excuse contravenes subsection (1) or (2), or any regulations made under subsection (5), is guilty of an offence.

(7) Where an inspection required by a person in accordance with subsection (4) [F7 or (4A)] is refused, any partner of the partnership concerned [F7 ,or any member of the limited liability partnership concerned,] who without reasonable excuse refused that inspection, or permitted it to be refused, is guilty of an offence.

Textual Amendments

F1 Words in s. 4(1)(a) substituted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(2)

F2 Word in s. 4(1)(a)(iii) omitted (6.4.2001) by virtue of S.I. 2001/1090, reg. 9, Sch. 5 para. 11(2)

F3 S. 4(1)(a)(iiia) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(2)

F4 Words in s. 4(2) substituted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(3)

F5 S. 4(3A) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(4)

F6 S. 4(4A) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(5)

F7 Words in s. 4(7) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 11(6)