Q&As

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?

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Commercial expert
Published on: 01 July 2016
imgtext

Identifying the parties to a contract

In a situation where a company operates under one or more trading names, then it is the company (a legal entity) behind the trading name which is the contractual party; a trading name by itself has no legal personality to contract by. For further information as to the different business vehicles available for a business to operate through, see Practice Note: Forms of business vehicle.

Where a company operates under a trading name then, within a contract entered into by that company, the contracting party is usually expressed to be, eg: Example Company Limited trading as Example Trading Name (with company registration number 123456). Although helpful, it is not essential to specify the trading name of the company in the ‘parties’ section to the contract as it is the company (not the trading name)

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Company definition
What does Company mean?

Company denotes an association of individuals formed together for some common purpose.

Read more readmore

Popular documents

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of