Rollasons advise on most areas of law affecting businesses both large and small, whether run through the medium of a company, partnership or by a sole trader. It is absolutely essential that clients take legal advice in good time and do not let things drift to a point where their options are limited by impending deadlines. For that reason we offer to all our clients a free 20 minute initial consultation.
The areas of law we cover include:
Business Sales and Purchases
We have had considerable experience with the sale and acquisition of many types of businesses both large and small. We are finding that the documentation involved is becoming more complex. Careful drafting and negotiation of the Sale Agreement is essential and it is very important that instructions are given at an early stage so that we can liaise with accountants, financial advisors and all other parties involved in the transaction. When deciding to sell, planning is the key and we would urge all our clients to contact us at the earliest possible opportunity so that maximum advantage can be taken of all the possibilities to maximise the ultimate amount received from a sale.
Whether these be “standard” terms and conditions used everyday for trading purposes, a one off contract or a joint venture agreement, it is most important that Commercial Contracts are properly drafted and comprehensive.
Both private and limited liability partnerships need comprehensive and well drafted Agreements to protect the parties participating. Failure to do so can leave the parties bound by the Partnership Act 1890!
Terms of Trading
These are sometimes known as Terms and Conditions or “T&C’s” and are the conditions under which a business trades. They are extremely important to all commercial organisations and cover all aspects of everyday business and trading. These tend not to be looked at by most businesses until they are taken to court and litigated upon when it is often too late. They should also include provisions affecting the passing of risk in goods, retention of title and terms of payment. A well drafted set of Terms of Trading should also contain provisions regulating the passing of risks in goods, retention of title and terms of payment. A well set of drafted T&C’s can aid customer relations, increase cash flow and even enable recovery of unpaid for goods from a company in receivership or a business in bankruptcy.
Distribution Agreements, both exclusive and otherwise, are becoming more and more commonplace within the world of business across the globe. Increasingly, manufacturers distribute goods through these arrangements rather than by marketing and selling their products directly, and a properly drafted Distribution Agreement is absolutely essential to protect the business interests of both the manufacturer and the distributor. With the protection now offered by EEC Law to commercial agents, Distribution Agreements are becoming far more widely used. However, we also advise on Commercial Agency Agreements and the rights of agents both from the Principle or Agent perspective.
Over the years we have been asked to advise on all manner of Franchise Agreements both from well known franchises to more niche and smaller operations. It is a surprise how may well known names on the High Street actually operate under the terms of the Franchise Agreements. Because of the investment involved and the cost of taking on a franchise it is extremely important to scrutinise the terms contained within Franchise Agreements.
Contracts of Employment
Whether in a small or large commercial organisation, the employment of people is full of potential pitfalls and poorly drafted Contracts of Employment can lead to difficulties both on a daily basis and, in the unfortunate event that an employee is dismissed, before the Appeal Employment Tribunal.