All Companies in Ireland will have to display their company registration information, on their website and all emails. Companies are required to display the following:
What Details Should Be Displayed On Your Website?
Pursuant to the ‘European Communities (Companies) (Amendment) Regulations 2007’ (“Regulations”), every limited liability company which has a website is required to display the following details:
- The full name of the company;
- The place of registration of the company;
- The registered number of the company;
- The registered office address of the company;
- In the case of a company exempt from the obligation to use the word “limited” or “teoranta” as part of its name, the fact that it is a limited company;
- In the case of a company which is being wound up, the fact that it is being wound up; and
- If the share capital of a company is mentioned on the website, the reference must be to the paid-up share capital.
Displaying The Details
The details should be displayed on the homepage of the website. Alternatively, they may be displayed on another webpage but a readily accessible link to the webpage must be prominently displayed on the homepage.
The Regulations, which came into effect on 1 April 2007, also extended the requirements for companies to disclose certain particulars on their letterheads and order forms to electronic communications. Letterheads and order forms are not defined within the Regulations but it is advisable that companies include the information indicated above for websites in all emails and faxes. It is recommended that the required details be included on the standard footer of company emails to ensure the information is issued automatically on all electronic communications from the company.
However, the names (and any former names) of directors of the company (together with their nationality if not Irish) are not required to be included on the electronic communications as Section 196 of the Companies Acts 1963 only applies to business letters of a company.
Consequences Of Non-Compliance
Failure to display the requisite information on business letters, electronic communications and websites will constitute a criminal offence subject to a maximum fine of €2,000 and companies should take immediate steps to ensure they are compliant with the Regulations by 1 April 2007.
It is clear that a company and its officers must comply with disclosure requirements in respect of the company’s website and electronic communications. Companies should take steps to ensure that the disclosure requirements are adhered to and their obligations are met.