Company & Commercial LAW GUIDES

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 is paid according to their ranking. Because an...

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 concepts. Patents are one of the most important parts...

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 company limited by shares", and they are businesses...

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 strongest data protection laws in the world, aiming...

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 term "intellectual property" is used interchangeably...

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 trading. Some limited companies will be dormant...

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 signatures are requested and given on a regular...

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...

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 adjustments to your business premises and...

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 by the state. Passing off is most often found in...

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 business, gain success and enjoy the reputation of...

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 of employers to take out an insurance policy...

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...

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 and the wider public from financial issues, misuse...

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 come to worst, all parties involved will regret...

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, charities, cooperatives and membership companies....

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 Patents Act 1988 establishes the acts that constitute...

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 is the legislation used for the protection of visitors...

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 about the firm with the ability for the owners...

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 will be choosing what type of business...

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 order to occupy this position. But they must respect...

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. The business structure defines the legal responsibilities...

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 security and stability for a firm, but the reviews...

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 which will entitle them to take their goods back...

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...

Business Contracts - How to ensure they are Legal and Binding

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...

Bribery Laws and the Bribery Act 2010

Bribery is the term used to describe an act where an incentive is offered by one person to another, usually in a financial form, in exchange for them undertaking a particular act. Bribery can cause widespread damage to individuals, companies and economies...

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 and even grocery shopping is governed by the...