
Start-Up/Small Business Advice
BUSINESS START UP SOLICITORS & SMALL BUSINESS LAWYERS
Starting a business or running a small business can be very exciting but also lonely and daunting. As the saying goes, “a team is only as strong as it’s weakest link”. Our misssion is to help new clients and small business clients grow, develop and succeed and to remain trusted advisors and part of your “team”.
We can help with many issues, both legal and general advice and experience based, which include :-
- Start up legal options
- Forming a limited company including statutory reqirements and articles of association
- Shareholders agreements
- Partnership agreements
- Terms & conditions for your business
- Business lease advice
- Employment contracts, policies and procedures
Limited company or other business structure ?
As a start up, before trading it is imperative to decide what is the best legal structure, for practical, control, tax and many other reasons. It may be partnership, sole trader or limited company. We can advise on the pros and cons of each possibility and on shareholder or partnership agreements.
Business leases
If you are renting or buying business premises, it is vital that a solicitor checks the lease or licence. There are many hidden traps in these documents which landlords will often present as “standard” when in fact they are negotiable.
Business agreements
Bournemouth small business solicitors recommend that important contracts are carefully considered and properly documented. Whilst the cost at the outset is unwanted, if a problem arises and the contractual position is unclear, the cost of litigating or being unable to confidently pursue the other party for breach of contract may far outweigh the initial outlay.
Focus on franchise Agreements
A Franchise Agreement governs a franchisee and franchisor relationship. Terms and conditions differ from franchise to franchise. The Franchise Agreement should be in a written format and sets out the rights and obligations of the parties to the contract. It should identify:
• The territory of operation and the rights
• Intellectual property rights
• Method and amount of payment by the franchisee
• What the franchisee is allowed to do and the restrictions
• The time of the franchise
• Method of termination of the agreement
Franchise agreements entail complex legal issues.
Some drawbacks are that the documents are often length, presented as non-negotiable, particularly biased in favour of the franchisor, and packed with limits, charges (often difficult to quantify at the outset) , significant monitoring from the franchisor. It is also required that litigation must be disclosed in the franchise agreement.