In the spotlight: which details are mandatory to include in your business emails?

An e-mail often seems less formal than a letter. But even when sending e-mails from your company, you are obliged to include some statements by default.

These mandatory statements are not limited to e-mails; they must be included on many communications emanating from your company.

Pursuant to Article 2:20 of the Dutch Civil Code, all deeds, invoices, announcements, notices, letters, orders, websites and other documents, whether or not in electronic form (including e-mails), emanating from a legal entity must state the following details:

• the name of the legal entity;
• the legal form, in full or abbreviated;
• the precise indication of the registered office of the legal entity;
• the company number;
• the word ‘Register of Legal Entities’ or the abbreviation ‘RPR’, followed by the indication of the court of the registered office of the legal entity;
• where applicable, the e-mail address and website of the legal entity;
• where applicable, the fact that the legal entity is in liquidation.

In addition, additionally: at least one bank account number for those trading with other EU Member States, together with the IBAN and BIC code.

Consequently, every e-mail coming from your company should contain the above information.

This provision does not cover commercial leaflets, advertisements or posters. Note: if these are sent by e-mail, this e-mail must contain all compulsory notices!

In case of non-compliance with these compulsory statements, a sanction is possible at the expense of the person who contributes to the non-compliance. Not only the company itself, but also the person sending the e-mail can be held jointly liable for the commitments made by the company therein.

Want to know more? For all your questions or to check your general terms and conditions, please contact NOMA lawyers