Business requirements

Alexis27

I'm currently dealing with a 'company' who describes themselves as a 'partnership.'

There are two individuals working together.

The 'company' does not state their legal status on any of their invoices, just their trading name at the head.

• Is this a breach of the Companies Act 2006?
• What could the legal status of this 'partnership' be?

Emmzi

umm, partnership is a legal status of 2 or more people owning a business venture together.

You seem to be the only one calling them a company.

What is your concern? Sounds above board to me.

LittleVoice

Alexis27 wrote: »

I'm currently dealing with a 'company' who describes themselves as a 'partnership.'

There are two individuals working together.

The 'company' does not state their legal status on any of their invoices, just their trading name at the head.

• Is this a breach of the Companies Act 2006?
• What could the legal status of this 'partnership' be?

As long as they state their own names on the letterhead as well as a trading name (as long as the trading name is not simply their own names) and provide a business address, then there is nothing that immediately appears to be wrong.

As above, their legal status is of being a Partnership - and therefore nothing to do with any Companies Act.

If they charge VAT they would need to record their registration number too.

I

Alexis27

They do not state their own names and instead prefer to hide behind a trading name. They are not an LLP as far as I'm aware. I don't know if they are two sole traders.

They are not VAT registered.

The reason I'm asking is because we are dealing with them in county court. No invoices state their names, and in the claim they describe themselves as ''Company X' (a firm)'

Uncertain

Unless they are actually a limited company then, legally, the two individuals are personally liable for any of the "Companies" debts so this could well help.

Hammyman

Alexis27 wrote: »

I'm currently dealing with a 'company' who describes themselves as a 'partnership.'

There are two individuals working together.

Therefore they can be a partnership

The 'company' does not state their legal status on any of their invoices, just their trading name at the head.

• Is this a breach of the Companies Act 2006?

Not unless they've registered as a Ltd Company. They DO NOT have to register their partnership as a Ltd Company or register it with Companies House.

• What could the legal status of this 'partnership' be?

A partnership.

I strongly suggest you go and learn something about forming a business before you start slinging accusations of fraudulent activity around.

Hammyman

Alexis27 wrote: »

They do not state their own names and instead prefer to hide behind a trading name.

They don't need to unless one or both is an undischarged bankrupt.

They are not an LLP as far as I'm aware. I don't know if they are two sole traders.

They would have to register with HMRC both as self employed individuals and as a partnership.

They are not VAT registered.

Don't need to be until their turnover exceeds the VAT threshold currently north of £70k.

The reason I'm asking is because we are dealing with them in county court. No invoices state their names, and in the claim they describe themselves as ''Company X' (a firm)'

So thats who you take to court. If you think they are individuals then you take them individually to court.

Emmzi

"firm" can often refer to a partnership eg a firm of accountants or solicitors, who are not incorporated.

I would serve ntice on Mr x, Mr Y, and Messrs X and Y trading as "business name"

Alexis27

Thanks for the answers. I'm asking these questions from a perspective where you are not aware of all the facts, so I'll ignore the withering comment.

cavework

So make the facts avaliable ...

DCFC79

Alexis27 wrote: »

Thanks for the answers. I'm asking these questions from a perspective where you are not aware of all the facts, so I'll ignore the withering comment.

what withering comment