OpenLegislation

Paragraph 5.2 Persons carrying on business under trading or descriptive name

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person carrying on a business under a trading or descriptive name may sue or be sued in such trading or descriptive name alone.

(2)

An extract of–

(a)

a decree pronounced in an action; or

(b)

a decree proceeding upon any deed, decree arbitral, bond, protest of a bill, promissory note or banker’s note or upon any other obligation or document on which execution may proceed, recorded in the sheriff court books,

against such person under such trading or descriptive name shall be a valid warrant for diligence against such person.

(3)

A summons, decree, charge or other document following upon such summons or decree in an action in which a person carrying on business under a trading or descriptive name sues or is sued in that name may be served–

(a)

at any place of business or office at which such business is carried on within the sheriffdom of the sheriff court in which the action is brought; or

(b)

if there is no place of business within that sheriffdom, at any place where such business is carried on (including the place of business or office of the clerk or secretary of any company, corporation or association or firm).