Company & Commercial LAW GUIDES

Guide to Patents in the UK

Ideas are not tangible, like money or property, but that does not mean that ideas cannot be protected. Almost every state has legislation that defends the rights of those who bring forward innovative...

A Guide to Company Resolutions

Company Resolutions are systems that allow a company that is considered as a legal entity to make decisions in similar ways to a sole trader. The system allows the directors of a business to make decisions...

Company Liquidation - What are the Options?

When a business owner believes that their company is failing or that it is not financially viable to continue with the company, they may choose to liquidate it. This means that they release available...

Guide to Intellectual Property Laws

Considering the highly competitive environments where businesses need to operate on a daily basis, they constantly need to battle for market leadership and struggle to obtain recognition for a particular product they have developed. The competitive market...

How to Close Down a Limited Company

Setting up a limited company in the UK is a simple process that can cost as little as £50. But closing a limited company down is a more complex process. The best option to close down a limited company will depend on whether the company is solvent...

Do I need employers' liability insurance?

When you start a business and decide to employ people to work for you, you take on the responsibility for their health and safety at work. For this reason, there is a legal obligation on the vast majority...

Are Electronic Signatures Legally Binding?

In a world that relies upon the internet and with the continued growth of e-commerce, mobile devices are becoming more and more relied upon for contractual agreements and arrangements. As such, electronic...

The Pros and Cons of Franchising

Any person who wants to start up their own business will be faced with a multitude of considerations and potential costs. Taking on a franchising opportunity can be an excellent way to establish a new...

Breach of Contract

An agreement that is made between at least two parties can be recognised as a legally binding contract if there is an arrangement for goods or services to be provided in exchange for money or something of value. All parties must recognise and intend...

Late Payment of Commercial Debts

In order for businesses to run successfully, they need to be assured that amounts owed to them will be paid. They are offered protection through the Late Payment of Commercial Debts (Interest) Act 1998....

Business Contracts - How to ensure that they are Legal

A business contract is a legally binding agreement between two or more people or groups. Any person who owns a company is likely to enter into a number of contracts in order to set up and maintain their business. Several considerations and elements should...

Legal Duties of Company Directors

UK legislation regulates that every limited company have at least one person appointed as a company director. Usually, directors are not legally required to possess special skills or qualifications in...

The Advantages and Disadvantages of Being a Sole Trader

Deciding to set up a new business can be exciting and daunting in equal measures. You will have lots of early decisions to make that will shape your business and how you move forward. One of the key considerations...

Commercial Rent Reviews

Although a long lease of a commercial premises may be an attractive option for a business tenant, rent reviews should be carefully considered prior to a contract being signed. A lengthy lease may provide...

What is Passing Off?

The act of passing off is covered by the law of tort. This means that the issue involves a dispute between at least two people or parties instead of legal action being brought against a person or party...

Copyright Infringement – How to Protect Your Rights

Copyright infringement is the action through which someone other than the author copies, reproduces or makes public an original work without consent. In the United Kingdom, the Copyright, Designs and...

A Guide to Furlough

Through their plans to fight the Coronavirus/COVID-19, the UK government published guidance in March 2020 on their Job Retention Scheme, more commonly referred to as 'Furlough'. The scheme means that workers who might otherwise be made redundant could...

What Will Happen to My Business if I Die?

If you are a business owner, you have doubtlessly shed a lot of sweat and tears into the fruits of your labour and would either like to leave a legacy behind or sell your business or shares to make provision for a cushy retirement. However, what happens...

What is a company limited by guarantee?

A company limited by guarantee is one that does not have shareholders and instead has guarantors who are members. This type of company set up is most often used for clubs, social firms, community projects,...

Brexit Business Terms Explained

Brexit is arguably the hottest topic of the year and it’s rare to be able to turn on the news without a new update or phrase being presented. It’s easy to become bamboozled by Brexit and what...

Guide to Occupiers Liability

To maintain safety in all types of premises, UK law sets out guidelines that stipulate the responsibilities of occupiers to visitors. These rules are outlined in the Occupiers Liability Act 1957, which...

Who gets paid first when a company goes into administration or liquidation?

When a business goes into administration or liquidation, any money that is available from assets of the firm is used to meet debts owed to creditors. The debts are set into a list of priorities and each...

Business Insolvency

A business becomes insolvent when it can't keep up with the repayments on debts or when it has more debt than assets on a balance sheet. Insolvent businesses are in danger of closing down, but there are some actions that directors can take to prevent...

How to Make a Limited Company Dormant

A lot of business owners decide to set their business up as a limited company to benefit from the protection offered in this type of business formation, as well as to secure the ideal business name before...

A Beginners Guide to Crowdfunding

Raising finance for a business idea has traditionally been done through banks in the form of loans, or borrowing money from family and friends. However, there are multiple options available when it comes...

A Guide to Industrial Action and Strikes

When employees feel as though their working conditions are unacceptable, that changes within the workplace have been unfair or that they are not being adequately compensated for their efforts, they may consider taking industrial action or going on strike....

Making your Business Accessible for People with Disabilities

As per the contents of the Equality Act 2010, you must ensure that your business is accessible to everyone, including those with disabilities. This means that you have a legal obligation to make any reasonable...

Guide to Pre-Pack Administration

Pre-pack administration refers to a process whereby a business sells some or all of it's assets before appointing an administrator to manage the sale of the company as part of an insolvency procedure....

An Overview of Contract Law

Contracts form an integral part of deals and agreements in a huge variety of different areas of life. Most employees will have a written contract of employment, home buyers will enter into purchase contracts...

A Guide to Business Structures

When beginning a business, it is important to understand the legal necessities and obligations that you are to follow. One of the principal considerations is to establish a structure for your business....

Guide to UK Copyright Laws

Intellectual Property (IP) is a complex area of law, and although its importance is widely acknowledged, many people only have a superficial knowledge of it. One of the most common mistakes is that the...

A Guide to GDPR - What do the data protection laws mean for you?

GDPR stands for General Data Protection Regulation and is the new legislation that sets out the ways in which businesses must handle or the data that they hold about each of us. The GDPR falls into the...

Retention of Title Clauses Explained

When a business or organisation provides goods to a person and payment becomes overdue on credit that was offered, the provider should refer to a ‘retention of title' clause in their trading terms...

Guide to Shareholder Agreements

Even though it might be tempting to believe that nothing will go wrong when setting up a company with family members or close friends and therefore a shareholders' agreement is not necessary, should worse...

Share Capital Explained

All private limited companies in the UK that are limited by shares are obliged to maintain a share capital of at least one share. Companies that are limited or Ltd are officially referred to as a "private...

Commercial Premises Law Basics

Commercial premises can be a significant asset for a business, though they can also prove to be complex and expensive management challenges. Commercial property law serves to protect owners, occupants...