What are the letterhead requirements for companies and charities? Could you as an individual and/or the company/charity face possible prosecution and a fine of up to £1,000 with further fines of £100 per day being imposed?

Under the Companies Act 2006, a company registered with Companies House must include their company's registered name (as it appears on the company's certificate of incorporation) in all its business letters, order forms and websites, whether in hard copy or electronic, including:

• Notices and other official publications business emails
• Bills of exchange, promissory notes, endorsements and order forms
• Cheques purporting to be signed by or on behalf of the company
• Orders for money, goods or services purporting to be signed by or on behalf of the company
• Bills of parcels, invoices and other demands for payment, receipts and letters of credit

In addition to displaying the company name, many companies prefer to have a trading name more prominently shown. (However, you must always remember to include the registered name!)

Other information that must be included on all documentation includes:-

• The company's registered office address
• The company's registration number
• The location in United Kingdom where the company is registered (i.e. Scotland)
• The fact that the company is a limited company (this only applies if the word "Limited" is not part of the company name)
• If the company is a community interest company which is not a public company, the fact that it is a limited company
• If it is an investment company as defined by Section 833 of the Companies Act 2006, the fact that it is this type of company
• If the company has chosen to display its share capital, it must display the amount of paid up share capital
• It is not necessary to state the names of the directors of the company. If you intend to name directors, then ALL the directors must be included

In addition, if the company is a charitable company registered in Scotland, charity law requires that a charitable company whose name does not include the word 'charity' or 'charitable' must state that it is a charity on any documents, including letters, notices, invoices, bills of exchange, promissory notes and on any conveyances it executes.

If you are a charity, you MUST also include the company's charity number.

Please feel free to contact us if you would like any additional information or wish to discuss your letterhead requirements in more detail.