Mandatory content of letters/notices from Companies or Sole Proprietors
1. The mandatory information to be included in company letters/notices is set down in Article 45 of Companies Act (“ZGD-1”) and includes:
– Full company name;
– registered office of the company;
– name of the authority with which the company is registered;
– registration number of the company;
– limited liability companies (d.o.o.) and joint stock limited companies (d.d.) must also include the amount of their share capital and the amount of unpaid, subscribed share capital.
Article 45(2) of ZGD-1 stipulates that purchase orders are also deemed notices, meaning they must also include the mandatory information listed above.
Although ZGD-1 does not explicitly define notices it is better to err on the side of caution and include the mandatory information in all company letters, e.g. offers, enquiries etc.
Under Article 686 of ZGD-1, fines for non-compliance range from:
– EUR 6,000.00 to EUR 30,000.00 for a large-sized company;
– EUR 4,000.00 to EUR 20,000.00 for a medium-sized company;
– EUR 1,000.00 to EUR 10,000.00 for a small-sized company;
– EUR 500.00 to EUR 5,000.00 for a micro-sized company.
2. The mandatory information requirement also applies to sole proprietors as Article 72 of ZGD-1 stipulates that their letters/notices must include:
– Full trading name of the sole proprietor;
– registered office of the sole proprietor;
– registration number;
– in the case of correspondence with existing business contacts the sole proprietor’s trading name and registered office will suffice.
As with companies, purchase orders issued by sole-proprietors are deemed notices/letters and should therefore include the foregoing information. No definition of correspondence is given.
Under Article 688 of ZGD-1, fines for non-compliance can range from:
– EUR 2,000.00 to EUR 5,000.00 for a sole proprietor classed as a large-sized company;
– EUR 1,300.00 to EUR 3,500.00 for a sole proprietor classed as a medium-sized company;
– EUR 600.00 to EUR 2,000.00 for a sole proprietor classed as a small-sized company;
– EUR 200.00 to EUR 800.00 for a sole proprietor classed as a micro-sized company.
Author: Tina Marciuš Ravnikar, Associate
