Category Archives: Business Services

New Lease

Our commercial property specialists are delighted to offer fixed costs for landlords and tenants in respect of the granting of leases, giving you control over the level of service and the cost of the same.
  • New build arrangements, construction documents, warranties, and matters alike
  • Multiple property titles
  • Unregistered titles
  • Extra negotiations and advice beyond what is included within the packages
  • Title defects that require advice, insurance or other
  • Agreement for leases, licences for alterations, licences to underlet and, consents and alike
  •  This list is not exhaustive but covers many eventualities

We will as soon as we become aware of something that is not included within your chosen package, whether that is at the outset or during the transaction, make this immediately known  to you, so you can decide whether you wish to instruct us to cease acting, or proceed with or without assistance  upon those matters or otherwise. We will at such time provide you with an additional fee estimate for any extra work required. Please note that our fixed fees are payable whether or not your intended lease completes on the number of hours that you wish for us to perform in our duties.

New commercial lease

Our fee’s include:

  • New build arrangements, construction documents, warranties, and matters alike
  • Multiple property titles
  • Unregistered titles
  •  Negotiations and advice
  • Title defects that require advice, insurance or other
  • Agreement for leases, licences for alterations, licences to underlet and, consents and alike
  • obtaining your title deeds from you or your lender;
  • checking the deeds and preparing a draft Contract;
  • preparing replies to enquiries standard and specific enquiries;
  • agreeing on the terms of the Contract and Lease;
  • reporting to you with the Contract and Lease for signature;
  • preparing Completion Statements for your approval;
  • agreeing on necessary apportionments;
  • when everyone is ready and the completion date has been agreed, completing the transaction.

For Tenants

We can assist you with all aspects of taking a lease of a property, whether you are an experienced tenant or embarking on a new business venture. Our expert commercial property solicitors will give you clear, concise and practical advice tailored to suit you.

Our areas of expertise include the following:

  • Negotiating and advising on heads of terms
  • Drafting and negotiating new leases, renewal leases and agreements for lease
  • Negotiating licences for alterations including advice on reinstatement provisions
  • Making licence to assign applications including advice on the conditions a landlord may be able to attach to any consent
  • Advising on break clause issues
  • Advising on rent reviews, service charge and security of tenure issues
  • Advising on “green lease” clauses and The Green Deal
  • Advising on issues affecting the landlord’s title such as rights of light and covenants
  • Drafting and negotiating deeds of variation and surrenders of leases

For Landlords

Our solicitors have vast experience in dealing with letting all types of property from large industrial estates, shopping centres and prestigious office developments to high street retail premises, pubs and single office units.  Whatever your objective, we will work with you to achieve your goal.  Our skills include:

  • Advising on heads of terms
  • Drafting and negotiating new leases, renewal leases and agreements for lease
  • Drafting licences for alterations including advice on reinstatement provisions
  • Dealing with licence to assign applications including advice on the conditions you may be able to attach to any consent
  • Advising on break clause issues, rent reviews, service charge provisions and security of tenure
  • Advising on “green lease” clauses and The Green Deal

Buying and selling Restaurants and takeaway

If you’ve found a Restaurant or Takeaway, you want to buy or lease then you’re probably feeling quite impatient to get started. Unfortunately, you really do need to take the time to get some advice from a solicitor on buying a Restaurant or Takeawy business. You’re risking too much by simply signing on the dotted line. The good news is we’ll make the process quick and painless. Because we’re experts at buying and leasing Restaurants and Takeaways, we only stick to the essentials.

Sound legal advice on the law relating to leasing a Restaurant or Takeaway will save you time and money. Here are some typical important issues that always need to be considered when buying a cafe:

Advice On Permitted Use When Buying A Cafe

Pay close attention to exactly what you can and cannot do in the cafe. Do you plan to sell any food? If so, are we talking takeaways, proper sit down restaurant like meals, or simply a snack? Will you sell alcohol? Whatever you want to do in the Property, make sure your lease lets you do it and there is a planning consent in place.

Legal Advice On A Restaurant or Takeaway Sit Out Licence

Ask yourself; can my customers sit on the street outside my Restaurant? It is often crucial for  Restaurant customers to be able to sit out in the street. Does the lease provide you with the right to do so? If not, then you may need to approach the Council to arrange permission for this.

Advice On Restaurant or Takeaway Trading Hours Permitted By The Lease

Some landlords are keen to restrict trading hours to avoid upsetting neighbours or residential tenants in a development or simply because it makes management of the building/shopping centre easier. Running a Restaurant or Takeaway is very different from having a clothes shop or an office. Flexible hours can be crucial. It’s not unusual for Restaurant or Takeaway to be open all the hours, including weekends.

What Alterations Can I Make To The Restaurant or Takeaway Premises?

When our clients buy a Restaurant or Takeaway they will normally want to make some alterations to the place. These can range from serious fit out works involving the installation of a commercial kitchen with flues to simply putting up a neon sign outside. Whatever changes you’re planning, chances are you will need the landlord and/or the Council to approve some of them. It is vital to sort these issues out before signing the lease or contract. I believe sound legal advice on negotiating Restaurant or Takeaway lease terms is crucial.

Why Choose HS Legal Solicitors?

Solid Traditional Values Delivered
In A Modern Convenient Manner

Our firm has years of experience in buying and selling businesses across England and Wales. Benefit from competitive fixed fees, free advice and no hidden costs.

Our solicitors are very experienced having worked at the firm for an average of 9 years. For legal adivce Contact us on 01206500181.

Customer service is very important to us and takes customer satisfaction and the very rare complaints we have extremely seriously.

Partnership Disputes

We regularly advise on disputes between partners and members of limited liability partnerships.

Partnership disputes often arise out of misaligned management philosophies, especially those regarding growth strategy, culture and branding. Sometimes Partnership disputes arise after a partner retires or is expelled from the partnership or when the partnership is to be wound up. Such disputes require a high level of sensitivity, with reputations and careers usually at stake.

What can cause Partnership Disputes?

Partnership disputes can arise due to various reasons including:

Underperformance of a Partner

Every partner is assigned to a specific role while forming a partnership. If a partner is unable to carry out his/her duties well, then it can cause partnership disputes among partners.

Secret profits

All the profits incurred in the partnership must be clearly declared before all the partners. Any secret profit taken by any partner without the knowledge of other partners may raise partnership disputes.

Conflicting interests

It is imperative that all partners within a partnership have common interests in businesses. If two partners have a different vision and the rest of the partners do not agree to the same, partnership disputes may arise.

Management/personality conflicts

In this situation, the most sensible course of action may be to dissolve the partnership altogether. In some cases, you may need to involve the Courts to ensure that all loose ends are tied up so that the company’s assets are divided fairly.

How we can help?

We provide tactical and commercial advice, from practical steps before a dispute gets out of control to robust advice on mediation and settlement. Where court proceedings become necessary, our experienced litigation team will provide comprehensive advice and guide you through the process. Contact us on 01206500181.

 

Directors & Shareholder Disputes

Companies are separate legal entities from its directors and shareholders. Companies can sue or be sued by their directors and/or shareholders. In some cases companies are the only possible claimants in relation to directors’ or shareholders’ wrongdoing.

The key document which sets out the balance of power within a company is its Articles of Association. These act as a binding contract between the company and its shareholders. Subject to any overriding company law the Articles determine who within a company exercises which powers on its behalf.

Directors generally have day to day control of the company under the Articles, making decisions such as whether or not to enter into any contract; raise finance or take any other steps in relation to the management of the company.

However shareholders have the ultimate power as they can, by majority vote, dismiss a director and appoint a new director to the board.

Most shareholders’ disputes arise over decision-making issues between majority and minority shareholders. Minority shareholders can feel excluded by the majority shareholders but the law protects them and enables them to make claims for being ‘unfairly prejudiced’ by majority shareholders. Other disputes arise when there is a breach of a shareholders’ agreement by certain shareholders requiring redress of the wrong committed on behalf of the company.

Our team offers comprehensive in-depth advice to individual directors or shareholders or collectively to companies, in all matters of boardroom and shareholders’ disputes. We offer a comprehensive service from arranging negotiations to advising and representing you through court proceedings.

Commercial Dispute Resolution And Litigation

At some point in business, it is inevitable a problem or dispute will arise with a supplier, customer, or other third parties.

Whatever the situation we have the expertise to assist you in resolving the dispute. With extensive experience in dispute resolution and both High Court and County Court litigation, we will be able to guide you through the process of achieving a solution which is both effective and practical for your business.

Some of the areas in which we can assist are:

  • Contract disputes
  • Debt Collection
  • Corporate and Shareholder Disputes
  • Property and Landlord and Tenant Disputes
  • Partnership Disputes
  • Insolvency and Recovery
  • Enforcement of Judgments

Shareholders agreements

The structure for running a Limited company is set out in its Memorandum and Articles of Association as registered at Companies House. However, in a small privately owned company, this does not give the owner the necessary protection and appropriately document the relationship between shareholders.

What are shareholders agreements?

Shareholders agreements are, as you might expect, an agreement between the shareholders of a company. It can be between all or, in some cases, only some of them. Its purpose is to protect the shareholders’ investment in the company, to establish a fair relationship between the shareholders and govern how the company is run.

Why shareholders agreements are important?

It is vital that the shareholders in a business prepare Shareholders Agreements which document what happens if:

  • A shareholder wants to leave, how the relationship is terminated, how the assets are valued and whether the shares remain with the shareholder or whether they are required to return to the company
  • Similarly, if a shareholder dies what happens to his shares, how they are valued and whether they are passed to his beneficiaries or whether they are required to come back into the company
  • What happens if there is an arm’s length transfer of shares or an offer for the company
  • On a day to day basis, how the business is run and what decisions need to be unanimous and what can be left to individual shareholders

How can we help with shareholders agreements?

Our business services team have prepared Shareholders Agreements for all sizes of companies and we understand that all companies are not the same.

We offer you a free initial meeting to discuss the areas of importance for your company and supply you with a checklist identifying those topics which shareholders should discuss and agree on at the time of forming a business.

In many circumstances, we can offer you a fixed fee for drafting a Shareholder’s Agreement and putting in place protections you need. For assistance Contact us on 01206500181.

 

Partnership agreements

Whilst there is no legal obligation requiring a business partnership to put in place  Partnership Agreements it is very important to do so in order to regulate the business relationship because the law does not adequately provide for many issues which can arise in the modern world.

What should be added to partnership agreements?

It is vital that Partners in a business address and document what happens:

  • To the profits and losses of the business, how they are divided
  • If a Partner wants to leave, how the relationship is terminated and how the assets and the profits of the business are divided
  • If a Partner dies, what happens to the assets and the profits of the business
  • On a day to day basis, how the Partnership is run, what decisions need to be unanimous and what can be left to individual Partners

How we can help with partnership agreements?

Our business services team has prepared Partnership Agreements for all types and sizes of business. We understand that businesses are not the same.

We offer you a free initial meeting to discuss the areas that are important for your business and supply you with a checklist identifying those topics which prospective Partners should discuss and agree on at the time of forming the business.

In many circumstances, we can offer you a fixed fee for drafting a Partnership Agreement and putting in place the protections you need. For assistance Contact us on 01206500181.

 

Buying and selling companies and businesses

We have had years of experience in both buying and selling all types and sizes of companies and businesses. We have experienced team at guiding when it comes to selling a business or company or buying a business.

How we can help with selling a business or buying a business?

If you are selling a business or a company or considering buying a business or a company then taking advantage of our initial free interview to prepare you for that process and outline the type of documentation and process you will need to follow would very much be of benefit to you.

We understand that if you are buying or selling that there is a need to move as quickly as you require without compromising the protections you need.

Things to consider when buying a business or selling a business

The process of buying a business or  selling a business centres around:

  • The need for Non-disclosure and Confidentiality Agreements at the beginning or prior to negotiations
  • All aspects of Due Diligence
  • Preparing Heads of Terms
  • Preparing, negotiating and concluding the sales/purchase agreements for the business, and the warranties and disclosure letters which underpin the transaction.

We are experienced at guiding businesses and their management team from the early stages of negotiation all the way through to completion. For assistance Contact us on 01206500181.

 

Sole Representative Visa

Whereas employees coming to the UK for up to 6 months may be able to rely on a business visitor visa, if the assignment is long-term and involves expansion into the UK market, the Sole Representative Visa could be better suited to your needs.

What is a Sole Representative Visa?

For overseas businesses looking to send employees to the UK, there are many visa options to consider. Your choice will be determined by a number of factors, including the role of the employee, the nature of the activity, the time they plan to spend in the UK and the status of the company’s operations in the UK.

The Sole Representative Visa permits companies to send a single employee to the UK to set up a branch or subsidiary.

There are many advantages to the Sole Representative Visa making it a desirable entry route, but the eligibility requirements are strict, and place heavy restrictions on the nominated individual and type of activity that can be carried out when in the UK.

Can a sole representative visa holder bring family members to the UK?

It is possible to bring dependents, such as a spouse and/or children under the age of 18, with you to the UK. However, you will need to show that you have enough money to maintain and accommodate yourselves in the UK without recourse to public funds.

Are there any additional requirements for a sole representative visa?

You will also need to show that you have met an English language requirement. If you are a national of a majority English speaking country or already hold a qualifying degree, you will, subject to providing the necessary evidence, fulfil this requirement. If this is not the case, you will need to pass an approved English language test prior to applying for a sole representative visa.

Contact our Sole Representative Visa Advice Lawyers

For advice and assistance with an application for entry clearance, an extension of stay or settlement as the sole representative of an overseas business, contact our immigration barristers on 01206500181 or complete our online Enquiry form and we will get in touch.

Civil Penalty under Immigration Act

If your business has received a Civil Penalty under the Immigration Act, it is important to seek legal advice early on the appeal options open to you, to avoid delays and improve your chances of making a successful challenge.

What is a Civil Penalty under the Immigration Act?

All UK employers must by law – under Section 15 of the Immigration, Asylum and Nationality Act 2006 – ensure all employees have relevant permissions to work lawfully in the UK by conducting effective Right to Work checks. Through the civil penalty regime, UKVI ensures employers are compliant with the immigration rules.

Where businesses are found to be in breach of their immigration duties, a civil penalty for illegal employment may be served – up to £20,000 per breach.

The Impact of a Civil Penalty Notice can be far-reaching 

As well as the obligation to pay a hefty fine, a civil penalty for illegal employment may result in:

  • Criminal prosecution
  • Enforced debt action
  • County Court judgment
  • Tier 2 Sponsor Licence revocation
  • Adverse impact on the ability to obtain future credit
  • Disqualification of company directors
  • Inclusion on the Home Office’s civil penalty offender list
  • Bad press, reputational harm and a resulting hit on profits
  • Business forced to cease trading

Objecting to a Civil Penalty for Illegal Employment 

If your business has been served a civil penalty under the Immigration Act, you may wish to consider your options to challenge the fine, to limit the financial, operational and reputational impact.

The appeals process is, however, complex, and you have a limited amount of time to weigh up the pros and cons and make a decision based on the options open to you.

The Home Office has the power to increase the level of the original penalty at the appeal stage – so it is important to proceed with an objection only where you are confident in the merit of your challenge following professional advice.

To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.