General Commercial Topics

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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...
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Normal 0 false false false MicrosoftInternetExplorer4 Landlords with tenants who occupy their premises under assured shorthold tenancies will be affected by changes introduced by the Deregulation Act 2015 , which received the Royal...
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The levels of protection available for different investments underwritten by the Financial Services Compensation Scheme (FSCS) are detailed on their website. The FSCS protects the deposits of small companies, which are those which meet two of three...
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The Government provides guidance for businesses on complying with the Bribery Act 2010 , which came into force on 1 July 2011. The Act was originally scheduled to take effect in April 2011, but its implementation was delayed to allow the final version of...
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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 have been collectively...
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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...
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The Companies Act 2006 became fully effective from October 1st 2009. It is the principal source of law relating to the conduct of companies incorporated in England and Wales. Companies House provides useful information on the Act on its website . The...
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Since the Companies Act 2006 came into effect, the incorporation of a company has been straightforward as the Act provides an easy to use set of model articles of incorporation. However, before you rush off and buy an ‘off the shelf’...
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You cannot incorporate a company using any name you like. Some names are prohibited (for example, those which suggest a connection with the Government or the Crown) and names will not be allowed if they are too similar to the names of existing companies. ...
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The Companies (Trading Disclosures) Regulations 2008 set out the the requirements as to where and when company trading names, names of directors etc. need to be shown. The Statutory Instrument implementing the changes is both short and straightforward. In...
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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...
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Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act 2015 received the Royal Assent on 26 March and became law on...
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Businesses that deal with members of the public are reminded that the Consumer Rights Act 2015, which received the Royal Assent on 26 March, becomes law on 1 October 2015. The Act replaces a number of laws with regard to business-to-consumer transactions,...
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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...
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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: ...
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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...
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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....
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If you have been running a successful business for a period of time, you may be considering expansion. One of the options available is to start a franchise. When it first came into existence, franchising was broadly frowned upon but, in recent years, it has...
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Normal 0 false false false MicrosoftInternetExplorer4   Changes to the legislation on insolvency contained in the recently enacted Small Business, Enterprise and Employment Act 2015 may affect directors of companies that...
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The Enterprise Investment Scheme (EIS) and the Seed Enterprise Investment Scheme (SEIS) are popular vehicles for investment in small or start-up businesses. Both are attractive because the tax advantages for 'qualifying investors' are considerable. The...
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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...
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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...
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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...
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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...
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Normal 0 false false false MicrosoftInternetExplorer4   Since 6 April 2015, changes to the law have given the Information Commissioner's Office (ICO) enhanced powers to take action against companies making nuisance marketing calls...
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