Company & Commercial Support
for Pubs

Company & Commercial Support

Business Establishment

It is essential to have everything in line from the beginning, including a clear understanding of what is required to establish your business. Whether you are a sole trader, partnership, LLP, LTD or PLC, you must consider where you will work, when/if you will need to hire people and all the legal requirements that go with this. This will include but is not limited to licences/permits, insurance, selling of goods both on and offline, and the storage/use of personal information.

Memorandum and Articles of Association

Once you have registered your business, you will need a Memorandum of Association and Articles of Association. A Memorandum of Association is a legal statement signed by all initial shareholders or guarantors agreeing to form the company. Articles of Association are written rules about the running of the company by the agreed shareholders. These documents will serve as a record of the company membership and their financial liability toward the business.

Director & Shareholder Agreements

Director & Shareholder Agreements are confidential contracts between a company’s shareholders, enforceable in the same ways as any other contract. Therefore, the agreements are not available to the public via Companies House. Director & Shareholder Agreements safeguard and regulate the relationship between the shareholders, the management of the company, and will aid in resolving disputes.

Director Loan Agreements

Director Loan Agreements ensure compliance with tax laws when money is received from the company that is not a salary, dividend or expense repayment by providing a clear record of transactions. The document contains the terms and conditions of a loan – including the amount, interest rate and repayment schedule.

Corporate Loan Agreements

Corporate Loan Agreements work as other loan agreements do – they are an agreement made between the lender and the borrower that outlines the loan amount, the interest rate and the repayment schedule. Corporate Loan Agreements can be used for a business to focus its growth and generate more revenue.

Asset/Project Finance Agreements

Asset/Project Finance Agreements are essential for security project loan approval and for the successful operation of a project; including business plans, financial models, market feasibility and financial feasibility. These agreements are usually made up of various complex documents therefore strict attention must be paid to ensure there are no overlaps, duplications or missing documents.

Employment/Self-Employment Contracts

The main difference between Employment and Self-Employment Contracts is that a self-employed person will be responsible for their tax and national insurance contributions. Self-employed individuals will not have a typical contract of employment, instead, the contract will exist between them and the person/company hiring them for a set period of time. The contract will include rates of pay, project time length and services that will be offered/expected.

Offline Terms & Conditions bespoke to your business

Terms & Conditions are essential to protect a business and keep customers a priority. That is why Terms & Conditions must be bespoke to a business. The process of drawing up Terms & Conditions begins with an overview of the general terms in which the agreement is entered into. It should note any prerequisites, payments, guarantees and warranties, limitation of liability, intellectual property rights and governing law.

Website Terms & Conditions, GDPR and Privacy Notices

Website Terms & Conditions work in a similar way to offline however, there are a few more things that must be taken into consideration – GDPR and Privacy Notices. General Data Protect Regulation (GDPR) requires that you take measures to protect personal data from unauthorised or unlawful processing, accidental loss, destruction and damage. To uphold this, Privacy Notices must be included in a website’s Terms & Conditions. This will outline to customers and clients why their personal data is needed, what will be done with it, how long it will be kept and if it will be shared with any third parties.

Service Level Agreements

Service Level Agreements (SLAs) define the commitment between a service provider and their clients. The agreements include specific details such as quality expectations, pricing, availability, requirements, performance metrics and dispute resolution. There are three types of SLAs; customer-based SLA, service-based SLA, and multi-level SLA. Choosing the right SLA will help guarantee good service for the customer and complement the reputation of the company.

Commercial Contract Review/Negotiation/Drafting & Advice

Contracts and commercial agreements provide a clear framework to govern a commercial transaction or relationship including the distribution of rights, risks and obligations. A well-negotiated and drafted contract will aim to minimise the imbalance of risks. Seeking advice during and after the contract drafting process will help overcome any contractual disputes.

IP and Confidentiality Agreements

IP (intellectual property) is a valuable public asset and, as such, is the responsibility of the civil or public servants to manage it appropriately. With the security afforded by IP rights, creators can invest time, money and expertise into their creative endeavours and reap the benefits of their work. However, this security must be upheld by patents and copyrights and may include Confidentiality Agreements such as NDAs (non-disclosure agreements).

General Commercial Agreements

General Commercial Agreements are essential documents for any business, no matter its size or the industry it belongs to. They provide a framework that includes: terms and conditions, supply and services agreements, distribution agreements, finance agreements, heads of terms, and intellectual property rights. These terms should always be clearly defined so there is no future conflict or doubt.

Debt Recovery

When money is owed to creditors, it is always advisable to seek legal advice to help choose the best way to deal with the debt. There are various options for paying off debts such as a Debt Management Plan, an Administration Order, and an Individual Voluntary Arrangement. There are also options to consider if you are unable to pay off your debt.

How Our Process Works

Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first.  The process is just as straightforward. Here’s how the process works:
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with  you to make the arrangements to advance your case.

You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.

Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.

Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.

In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective. 

Fill in the form below and one of our specialist clerks will get in touch.

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