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Karen Edwards
 

Guide to selling a business

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While every business sale is different, there are three main parts to the process. An overview of each of the three sections is offered below. Preparation. Structure, and the legal process.

Purchasing a franchise

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What do you need to look out for in a franchise agreement? How does the franchise model work? What happens at the end of a franchise term? Karen Edwards gives an overview of legal considerations when purchasing a franchise.

What is Due Diligence?

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It’s important! If you are thinking of buying a business or shares in a company, you will want to examine all aspects of it before committing yourself. A comprehensive financial and commercial appraisal Due diligence...

GDPR: How to prepare your business

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There has been much uncertainty due to Brexit on how and if businesses in the UK will be affected by the General Data Protection Regulations, known as GDPR. It has now been confirmed that it will be adopted on 25 May 2018 and organisations must ensure that...

Franchise agreements

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Some of the best-known brands in the UK use a franchise model as their means of expansion, with great success. UK franchising today is extremely diverse, encompasses a multitude of business types and consumer markets and is well-established as a successful...

Protecting Yourself in Business

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Frettens’ Commercial Team guides businesses from a start-up right through to decisions about selling and assist with many things in between. All business owners realise that, on some level, it is vital to protect their business, and most...

Protecting Your Business

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Frettens’ Commercial Team guides businesses from a start-up right through to decisions about selling and assist with many things in between. All business owners realise that, on some level, that it is vital to protect their business, and most...

Tips for protecting data in your business

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"Any company or organisation that handles or captures customer or employee data must follow the data protection laws or face heavy penalties," emphasises Karen Edwards , Commercial Solicitor. Personal information may be on a server, in a...

Structuring your company

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Every company, large or small, is different and there are many ways to structure the shareholding. Smaller companies in particular often don’t consider their structuring apart from the number of shares to be held by shareholders. If there are likely to...

Trademark Trolls

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The phrase trademark troll is actually a label coined by the media to describe a person who is actively looking for gaps in trademark protection and who is filling those gaps by registering trade names or aspects of a business’s branding themselves. ...

Has Aldi spoofed John Lewis for the last time?

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An elderly gentleman languishes lonely on the moon… what happens next depends whether you are watching the original John Lewis ad or the lower budget Aldi spoof. The two adverts are a great example of the business models of the two companies. One...

A Guide to Shareholders Agreements

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Karen Edwards , Solicitor in our Commercial Team has drawn up this quick reference guide to demonstrate the importance and benefit of Shareholders Agreements. Shareholders Agreements are: Contracts between shareholders to...

The New Consumer Rights Act- what does it mean for businesses?

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The new Consumer Rights Act 2015 came into force on 1st October with the aim to make the law surrounding consumer rights clearer and easier to understand. It should also allow the parties to resolve disputes more quickly and with less need to incur...

Buying online - check the conditions

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Shopping from your armchair can be a lot more appealing than trawling the high street but how can you make sure you’re not being ripped off? Try and choose a website of a retailer that you know (or one that has been recommended to you by friends). An...

Copyright laws to be modernised by Europe

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The European Commission published details in May of this year of their plans to modernise and harmonise copyright laws in Europe. This will aim to open up digital opportunities between the 28 EU member states. They are aiming to create a ‘digital...

New copyright exceptions now law

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Earlier this year a controversial strapline was briefly adopted by Lidl as a parody of the well known Tesco trade mark ‘Every Little Helps’. The strapline was quickly withdrawn by Lidl but a...

Changes in Consumer Contract Regulations

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The Consumer Protection (Distance Selling) Regulations 2000 provides a right for a consumer to cancel contracts made without face to face contact with the business providing the goods and/or services (e.g. over the internet or phone). The Cancellation of...

'AdWords' and Trade Mark infringement online

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Lush, the cosmetics company that began in Poole High Street in the 1990’s, has just taken on Amazon, the online retailer and won. Lush’s trademark infringement claim against Amazon’s misuse of its brand has been upheld by the High Court of...

Personal Guarantees - what to watch out for

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A Personal Guarantee is a contractual promise to pay the liabilities of another. The guarantor is normally a shareholder, director or group company with assets. The debtor is typically the guarantor’s company. As the economy continues to falter, an...

Limiting your liability in contracts - what is enforceable?

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Terms in a contract which seek to limit or exclude liability can have a significant impact on the value of the contract. What is valid or enforceable? Generally there are three types of exclusion clauses which act to limit or exclude a party’s...

A guide to Debentures

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Debentures are an alternative form of making an investment in a company. They are more secure than investing in shares as interest payments must be made by the company and paid before dividends, which are paid at the discretion of the company. Debenture...

What Terms and Conditions do you need on your website?

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Your Terms and Conditions are vital to your business and are also required by law to protect you and your customers. It can be a daunting task trying to decide what you need on your website but the topics you should include are: • Contracts •...

The importance of due diligence when buying a business

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If you are thinking of buying a business it’s extremely likely that you will want to examine all aspects of the company before committing yourself. Due diligence is a broad definition of an investigation into the financial and commercial activities...

Rights of Minority Shareholders

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Minority shareholders generally have very few rights and can be subject to the decisions of the major shareholder who controls 50% or more of the shares in the company. The majority shareholder has almost total control of how the company is run and what it...

Plan ahead for buying out a shareholder

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It is all too easy when running a busy company to overlook the importance of having a shareholder buyout agreement . There are many reasons why a shareholder would want to leave the company, and if you have no buyout agreement in place this can cause many...

Advantages and disadvantages of franchising your business

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There are many advantages to franchising your business – one of the greatest being that it’s possible to achieve a fast growth without making a large capital investment. Franchisees invest their own money and are keen to keep costs low and...

Selling online or over the phone - Does your business comply with Consumer Protection regulations?

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The Consumer Protection (Distance Selling) Regulations 2000 were brought into force to protect consumers (meaning an individual, not a business) when they shop online or enter into other contracts at a distance with a supplier. In these circumstances, the...

Does your website comply with new EU directive?

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In May of this year a new set of rules were introduced by the EU to regulate the use of cookies on websites . The British authority which oversees these things – the Information Commissioner’s Office (ICO) – has given all UK...

Frettens Netball Team notch up another victory!

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Team Frettens snatched another victory against The Angels taking them to five wins and a draw this season and leaving the team “poised” mid table as the end of the season approaches. It was a close match,...

Why have a Partnership Agreement?

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A partnership without a written agreement is a ‘partnership at will’ which means that relations between partners are governed by the Partnership Act 1890. Unfortunately a ‘partnership at will’ can be an unstable business structure as...

Forming a company

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Those wishing to run a business through the medium of a company may either create a company from scratch or purchase an existing “shelf” company i.e. a company which has already been set up. Karen Edwards is a Commercial Solicitor at Frettens...

Copyright, Trademarks and Patents

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Any creative work recognised as being an asset or physical property is referred to as Intellectual Property (IP) and this covers four main areas – copyright, trademarks, design rights and patents. Karen Edwards , Commercial Solicitor, explains...

Assets - V - Shares

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When it comes to selling a business which is operated through a company, the first question the owner of that business has to ask is whether or not the sale is going to be of the shares in the company that runs the business or the assets of the business....

Does my company need a Shareholders Agreement?

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Each share in a limited company carries a number of votes. These are referred to as ordinary shares and usually carry one vote per share. A majority of over 50% will control the company. Using a shareholders agreement protects a minority from being exploited...

The importance of up to date Business Terms and Conditions

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It is crucial for any business that its customers are aware of the terms & conditions on which that business trades. A well drafted set of terms & conditions can protect your business having to argue issues such as late or non-payment for...

Employee leave and unpaid holiday

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In the recent employment tribunal case, Khan v Martin McColl Ltd , the tribunal held that a claim for unlawful deductions from wages, arising out of an employer’s failure to pay holiday pay in respect of a leave year during which the employee was...

Doubt for paternity and training regulations

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The Department for Business, Innovation and Skills is reportedly reviewing the Additional Paternity Leave Regulations 2010 SI 2010/1055, which came into force in April this year, and will present its conclusions later in the year. The Regulations give...

Equality Act 2010 provisions coming into force in October

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The Government has finally published the Equality Act 2010 (Commencement No.4, Savings, Consequential, Transitional, Transitory and Incidental Provision and Revocation) Order 2010, which brings the majority of the provisions in the Equality Act into force on...

National Minimum Wage Regulations published

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Employers need to be aware of changes to the national minimum wage come into effect from 1st October this year. The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010 SI 2010/1901 will: Raise the principal rate...

Family Friendly Rights - a Guide for Employers

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We have prepared a quick reference guide to Family Friendly Rights to enable employers to quickly look up the eligibility of staff for particular rights and also the entitlement for those rights. Family friendly rights ...

Dismissal Before Grievance Appeal Was Not Unfair

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The new ACAS Code of Practice on Grievance and Disciplinary Procedures provides that where the grievance and disciplinary cases are related, it may be appropriate to deal with both issues concurrently. However, the Code is neutral, just as the now-repealed...

Safeguarding Vulnerable Groups Act 2006

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There are many problems which face employers who wish to check the criminal records of prospective employees or existing employees. In many sectors such as the care and education sectors, employers are under a legal duty to carry out checks on employees, for...

Equality Act Update

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Many of those in the employment legal profession have been surprised to note that the implementation date for the Equality Act 2010 has been removed from the Government Equalities Office website. Apparently the GEO has been inundated with requests for more...

HR Q&A: Using Online Networking Sites at Work

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Q: We are currently recruiting for staff. Can we check on applicants’ online profiles before deciding whom to appoint? A: There is nothing in law preventing an employer from looking at publicly available material before offering an individual a...

Right to Request Time off for Training

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This year has seen the introduction of a new right for employees to request time off for training, pursuant to section 40 of the Apprenticeships, Skills, Children and Learning Act 2009, which applies to employers with 250 or more employees. Where a...