Category Archives: Commercial law

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.