Other Commercial Client Topics

  • Bank Deposit Protection Rules for Businesses

    In January 2010, new limits were announced for the levels of protection available for different investments underwritten by the Financial Services Compensation Scheme (FSCS). The FSCS protects the deposits of small companies, which are those which meet...

  • Business Property Relief - Traps for the Unwary

    Most business people know that for family businesses there are generous Inheritance Tax (IHT) reliefs, which generally operate to make assets used in the business exempt or partially exempt from IHT. The reliefs take various forms, but are collectively known...

  • Buying from an Administrator - Take Care

    With businesses becoming insolvent in large numbers, opportunities abound to acquire assets from their administrators. However, the low prices sought for the assets are due, at least in part, to the additional risk to the purchaser. Here are some of the...

  • Companies Act 2006 Overview

    The Companies Act 2006 became fully effective from October 1st 2009. Here are some useful sources of information on the Act. For more information and advice on your circumstances, contact us. Companies House Overview . Changes In Effect from...

  • Companies Act Model Articles - Think First

    The Companies Act 2006 came into effect fully on 1 October 2009.   One of the advantages of the Act is that it has made the incorporation of a company easier by creating a new and simplified set of model articles of incorporation. However,...

  • Company Name Rules

    On 1 October 2008, new rules relating to the registration of company names came into force. These allow companies to object more easily to the registration of a company name which could be confused with theirs. The new rules can be found on the website of...

  • Company Disclosure Rules

    The Companies (Trading Disclosures) Regulations 2008 came into force on 1 October 2008, making many changes to the requirements as to where and when company trading names, names of directors etc. need to be shown. The Statutory Instrument implementing the...

  • Company Formation Checklist

    You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have decided that a company is the best vehicle for your new venture then here is a...

  • Company Late Filing Fees

    Companies filing their accounts after the due date are subject to late filing penalties which were last changed in February 2009. Private companies are required to file their accounts within 10 months of the end of the accounting period. Those that file...

  • Considering Outsourcing

    These days more and more processes are being outsourced (run by external contractors under a service agreement) by more and more businesses. It is particularly common to outsource IT functions and telephone call management. Outsourcing can offer many...

  • Contractors Are Your Responsibility

    A handbook  produced by the Health and Safety Executive (HSE) outlines the responsibilities of both the contractor and the client in situations in which work is carried out by contractors rather then employees. It does not apply to circumstances in...

  • EU - New Rules on Applicable Law

    Where a dispute has a foreign element, one of the common problems is deciding under what jurisdiction legal action should be taken. This is avoided in many commercial contracts by specifying the applicable law in the contract, but in consumer contracts there...

  • Employee Fraud

    Employee fraud was a boom area even before the recession started.  ‘Targeted’ frauds, often backed by organised criminals, are also becoming more common. In these cases, an employee (often using a stolen identity) is ‘planted’ in...

  • Employee Fraud - Fraud Act 2006

    Employee fraud continues to rise as the recession continues to bite - however,  the Fraud Act 2006 provisions make it easier to obtain convictions for fraud a than was possible under the predecessor legislation. Under the Act, fraud offences are: ...

  • Financial Fraud - What Not to Do!

    With recent surveys showing that instances of employee fraud are still on the increase, and HMRC showing regrettable lack of ability to safeguard personal data, eliminating poor security practices which make fraud easier is becoming even more important....

  • Guide to Good Boardroom Practice

    The Institute of Chartered Secretaries and Administrators have published an excellent and highly practical short guide (3 pages) to boardroom good practice, which will be of great interest to company secretaries and directors, especially non-executive...

  • How To Do Strategic Review

    Most businesses have some sort of business plan, even if it is only or a few lines on one sheet of paper. Larger businesses may have a formal business plan, which charts out the expected development of the business over the next few years in a systematic and...

  • It Wasn't in the Contract

    A common problem in contract disputes is that matters that create disagreement are sometimes not referred to specifically in the contract. However, as well as the express terms of a contract, there are also terms that are implied that is, they apply without...

  • Letters of Intent - Getting Them Right

    What Is a Letter of Intent? Letters of intent, commonly referred to as 'heads of agreement', are used to indicate the terms under which two or more people intend to enter into a contractual relationship when doing business together. The term 'letter of...

  • Limited Liability Partnerships

    Limited liability partnerships (LLPs) were first introduced in April 2001 and are becoming an increasingly popular way of structuring a business, especially with professional practices. The big advantage of the LLP is that it allows the liability of...

  • Making Retention of Title Work

    Prior to the recession, Retention of Title (RoT) clauses probably received less attention than they should have from many businesses. However, RoT is now back in the spotlight. An effective RoT clause will normally allow you to recover the goods you have...

  • Money Laundering Regulations

    Money laundering is the process by which criminals turn their 'dirty' income – which is usually earned in cash – into 'clean' money, by undertaking transactions which hide the original source of the cash and/or turn the cash into 'legitimate...

  • New Contract, New Danger

    Every business needs customers, but every customer, especially a new one, represents a risk to your business. It is a very serious issue but there are many things you can do to make sure that you increase your chances of getting paid. Clearly, the...

  • Outsourcing the Processing of Personal Information - Guidance

    The Information Commissioner’s Office offers guidance on how to comply with the Data Protection Act 1998 (DPA) when you outsource the processing of personal information, such as your payroll function or customer mailing information. If you use an...

  • Pension Scheme Deficits Action Plan

    In accordance with the Pensions Act 2004 all defined benefit schemes must have regular actuarial valuations to ensure that the scheme meets the ‘Statutory Funding Objective’ (SFO).  The Pensions Act 2008 sets out an employer's...

  • Remedies for Breach of Contract

    Having the right contract is always a good idea, but no matter how much protection it offers, no contract can prevent a breach of contract by the other party. If you enter into a contract and it is breached, there are several possible remedies available to...

  • Retirement Planning and Your Business

    It is arguable that the whole point of any business should be to enable the owners to retire when they want and with the lifestyle they want on retirement. Of course, enjoying it as you go along is a good idea too, but retirement comes to most of us...

  • Step by Step Plan for Health and Safety Compliance

    The Health and Safety Executive (HSE) has published a ‘ step by step plan’ for businesses for protecting the health and safety of workers and others . The key recommended actions are: 1. Register a new business with the appropriate authority...

  • Tips for Business Borrowers

    With the economy seeming to be slowly improving, businesses will be thinking about financing the expected expansion of trade. Borrowing cost often dominates the thinking, but it isn’t all about the cost of the loan. In order to negotiate the right...

  • WEEE Regulations - Take Back Scheme

    Since 1 April 2007, producers of electrical goods have been required to mark them in accordance with the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 . The appropriate mark, which features a crossed out wheelie bin, must be affixed...

  • Your Home Office - The Legalities

    If you run your own business, working from home, there are legal ramifications which need to be considered. There are few regulations that apply to 'normal' businesses that do not apply to 'home' businesses: you are not exempt just because you operate...
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