Business post must always get through

Many companies use so-called ‘virtual’ addresses to avoid using their home address on business correspondence or on the public register at Companies House, but many mail handling services restrict their service to cover only identifiably ‘official’ correspondence such as from HMRC or Companies House.

But using this type of restricted service, where non-official mail is returned to sender or simply destroyed, could mean companies are breaking the law, if letters from consumers never reach the attention of the business they have been sent to.

A registered office address “to which all communications and notices may be addressed” is a legal requirement for any limited liability company under Section 86 of the Companies Act 2006.

Where there are no physical premises, a company director’s home address can be used for the registered office, but many prefer to keep that private, instead using a mailing service provider.    Using this sort of service is legal, and statutory requirements under anti-money laundering legislation govern their use, but company directors have a responsibility to ensure the service they buy complies with their legal responsibilities.

As well as obligations under the Companies Act, any limited liability company that uses a registered office address through a service provider and knowingly agrees to receive only ‘official’ correspondence could be committing an offence under Regulation 8(1) of The Consumer Protection from Unfair Trading Regulations 2008.  This hazard was highlighted recently by the City of London Trading Standards Service, where many providers are based, and they are urging companies to check exactly what they have signed up for.

Limited companies also need to ensure that they comply with the Companies (Trading Disclosures) Regulations 2008.  This brought together various regulations from different areas of law to set out all the ways in which a company must make public its registered name and other registration details, and how the company must respond to enquiries.

This includes that all business letters, order forms or websites must include the registered company name, place of registration, registered number and address of registered office.  The registered name must also be displayed on communications such as notices, cheques, orders for money, goods or services, invoices, receipts and other forms of business correspondence or documentation including signage at premises.

Where business is carried on under a trading name, then the full name of the owner or partners must be displayed, together with an address where correspondence can be received, and legal documents served.  This must be displayed at any premises where customers visit, and included in any communication, such as letters, invoices and the business website.   Larger partnerships do not have to list all named partners if they make the list available via other routes.