Starting trade post bankruptcy

[Catlady12]

Hi,

 

Just some advice/suggestions needed regarding the Section 360(1) of the Insolvency Act 1986 - 1(b) The bankrupt is guilty of an offence if - (b) he engages ( whether directly or indirectly ) in any business under a name other than that in which he was adjudged bankrupt without disclosing to all persons with whom he enters into any business transaction the name in which he was so adjudged.

 

Part 1a is understood.

With regards part 1(b) we can't seem to find any clear definition of what business transaction means and if it includes retailing/selling my goods. I appreciate/understand the business has be "MY NAME trading as LOGO BUSINESS NAME" but can't make out if it needs to be like this on every bit of the website / logo / packaging /email etc. Seems a bit draconian if this is the case......? I am willing to put my name on all invoices and contact details, but I am looking to sell items of clothing / jewellery etc with my logo..... so do not want to add my name in the logo or the title of the website...?

 

Hope this query makes sense

[steampowered]

The terms "business" and "transaction" are defined in section 486 as follows:

“business” includes a trade or profession

“transaction”includes a gift, agreement or arrangement, and references to entering into a transaction shall be construed accordingly.

 

You do not necessarily need to put your personal name on everything. The question would be whether you have fairly disclosed it to the people you are dealing with. I think putting your name on the invoice is not enough because you (presumably) have already concluded the transaction before the invoice goes out. Your name does not necessarily have to go everywhere but it does have to be disclosed. The idea is that people should know who they are dealing with so that they can check the bankruptcy register before they enter into a contract with you. I would think your name should go on the website and on business emails (X trading as Y should be fine). However I think putting it on the packaging (and perhaps the logo) is overkill.

[Catlady12]

Thanks for that info - I was thinking along those lines i.e. website / order forms / contact details is fair and agree that putting name name on everything is not necessarry.