2007-03-21

Directive 2003/58/EC

The EU, in a genuine act of stupidity (not to be confused with the imaginary acts of stupidity usually recorded in the British press), has directed that all email messages emanating from a limited company contain the same information required on the company's letterhead (directors, registered office, etc.). Articles 5 and 6 do the damage.

3 comments:

Justin Mason said...

hmm, I'd like to get a lawyer to look at that before we can be sure; also, it doesn't affect Irish businesses until it's eventually transposed into Irish law, if it hasn't been already.

Robert Walsh said...

So, IANAL, but that looks to me like it refers to corporations filing official accounting documents, and that they can do so electronically. I don't see any reference to unofficial documents, email or otherwise.

Tony said...

(I am an Engish solicitor - not in private practice).

The new Directive's requirements are now transposed into Irish law, I believe: see e.g.: http://tinyurl.com/24kvns .

Only part of this Directive 2003/58 is relevant; look at paragraph 5: that in turn amends an earlier Directive, from 1968. (Specifically it amends Directive 68/151/EEC).

Under the 2003 Directive, Article 4 of the earlier Directive is replaced, as follows:

5. Article 4 shall be replaced by the following:

"Article 4

Member States shall stipulate that letters and order forms, whether they are in paper form or use any other medium, shall state the following particulars:

(a) the information necessary to identify the register in which the file mentioned in Article 3 is kept, together with the number of the company in that register;

(b) the legal form of the company, the location of its registered office and, where appropriate, the fact that the company is being wound up.

Where, in these documents, mention is made of the capital of the company, the reference shall be to the capital subscribed and paid up.

Member States shall prescribe that company websites shall contain at least the particulars mentioned in the first paragraph and, if applicable, the reference to the capital subscribed and paid up."