Corporate and commercial services
Our specialist skills and experience can pave the way to helping you start a business, obtain finance agreements, draw up and agree contracts, buy and sell a business or put shareholder and partnership agreements in place. At the opposite end of the scale we can supply debt recovery services or deal with insolvency issues.
Setting up your own business can be the most exciting and satisfying decision you ever make. But while the potential rewards can be enormous, so can the risks. We can ensure you receive help and advice to provide a sound platform to start your business venture.
During the initial discussion or meeting we can help you decide if you should operate as a sole trader, form a partnership or form a limited company. We can also prepare and advise upon a shareholders agreement to regulate the rights and obligations of shareholders or directors service contract intended to document the rights and obligations owed by a director to the new company. Whatever your plans, our expertise and experience is designed to help make your venture a success.
We can help you with advice on financing and acquiring premises (where required).
If your business is to be fully protected in the event of a dispute it is essential that you get professionally drafted contracts, or standard terms of business, drawn up. Written contracts enable you to have an exact record of what you will provide as a service or goods for customers. It should also encompass related matters, such as the method and timing of payments due.
We can draft contracts and terms of business to ensure your business is protected at the outset.
Buying and selling businesses
Businesses evolve and change all the time. We are able to advise upon the legal issues arising during this process. When the time comes for you to buy or sell a business, we can guide you through the stages and requirements to provide smooth passage; ensuring no surprises or liabilities emerge in the future.
Shareholder and partnership agreements
If your business is to operate as a limited company, you must issue a minimum of one share and appoint one director. Usually a second person is appointed to act as the company secretary. The company secretary is responsible for ensuring that all legal obligations are met and in many cases, the individual concerned has to rely heavily on the expertise of others to provide guidance on their duties and responsibilities. However, company directors also have important and extensive responsibilities in law.
We can help you to set up your limited company, appoint the director(s) and obtain the Certificate of Incorporation for a Private Limited Company and Memorandum and Articles of Association required to commence trading. We can also provide a critical reference point for guidance on the (ever increasing) duties and responsibilities of Directors and Officers of the company.
If your business is a partnership you should ensure a formal Partnership Deed is drawn up to reflect the terms agreed between yourself and the other partners. It is important to remember that if a deed is not in place, the partnership may need to be dissolved in the event of a dispute; you may also face difficulties and potential court action to get rid of a disruptive partner.
There are various issues to consider at the outset, for example: who the partners are, the division of shares and how profits (and losses) are shared. Advice during this stage is vital and the Partnership Deed should also be reviewed periodically, to take account of any changes within the partnership, e.g. the inclusion of new partners.
Business to Business Commercial Debt Recovery
We can help your business maintain cash flow by providing debt recovery services and pursuing debtors on your behalf. From recovering a single debt to dealing with all your debt recovery work we aim to recover unpaid debts quickly and cost-effectively, but always with a view to protecting any ongoing business relationship between clients and their debtors.
Our practitioners specialise in helping business clients faced with severe financial difficulties, often in liaison with a qualified Insolvency Practitioner. The complex laws surrounding the issues of receivership, bankruptcy, liquidation, administration, winding up and the disqualification of directors, requires expert professional advice to ensure the process runs as smoothly as possible.
For advice upon Corporate and Commercial Services contact: Jill Leece, Partner
For advice upon Debt Recovery and Insolvency Services contact: Adam Leece, Associate Solicitor