Q&As

If company A operates its business through Trading Name X, and it enters into contracts as 'Company A trading as Trading Name X', are there any legal implications with describing the contracting entity this way?

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Published on LexisPSL on 01/09/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If company A operates its business through Trading Name X, and it enters into contracts as 'Company A trading as Trading Name X', are there any legal implications with describing the contracting entity this way?
  • Legal capacity to contract
  • Other considerations
  • Intellectual Property
  • Non-compete and exclusivity agreements
  • Company’s own internal policies

If company A operates its business through Trading Name X, and it enters into contracts as 'Company A trading as Trading Name X', are there any legal implications with describing the contracting entity this way?

Legal capacity to contract

See Q&A: Is it the company behind the trading name or the trading name which is the contracting party to the contract? Does a trading name have legal capacity to enter into a contract?, which confirms that a party can enter into a contract whereby one of the parties is referred to as Example Company Limited trading as Example Trading Name (with company registration number 123456), note however for identification purposes it is useful to include the registered company number, if the company is registered in this way. See also Practice Note: Forming enforceable contracts—authority—Companies registered under the Companies Act 2006.

In relation to the necessity to disclose company names, see Practice Note: Trading disclosures, which explains the situations where the registered name of a company must

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