Our experienced and knowledgeable team can help with new business start-ups or owner-managed businesses and are able to advise on the following:-
Buying & selling a business
We can advise Buyers or Sellers and can confidently guide you as to the decisions which will need to be made, which are often:
- the quickest route to achieve success
- the merits of proceeding if the transaction appears to be fundamentally flawed, saving you both time and money.
- Co-ordinating the business purchase or sale with the associated property and employment aspects of the transaction and ensuring that the use to which the premises will be placed satisfies both the Lease (if applicable) and/or planning legislation.
Mergers, acquisitions and disposals
Almost without exception contemplating a disposal of a successful company may take many months to plan. Clear initial objectives tend to produce the most satisfying outcomes.
Many companies are family owned or controlled. Disposals may be to third parties; to a competitor or perhaps to existing management by way of a buyout. The resulting wealth can then be diversified into new investment opportunities.
When acquiring a company the time spent on negotiating with the seller and the undertaking of the necessary due diligence will be crucial to enable you to formulate the price to be paid and how it is to be structured be it an outright purchase, earn out, cash or shares or a combination.
All these questions will need careful evaluation. We can advise on the drafting of a Non-Disclosure Agreement behind which negotiations may be commenced.
Merging a company with another will require extremely careful planning.
- Is a merger in the best interest of each party?
- Should other courses of action be considered; perhaps a joint venture?
Speak to us early on with your thoughts and plans to ensure you make the right opening move.
Company formations & shareholder agreements
There are advantages and disadvantages to forming a limited company.
Many questions need to be answered:
- What is the most appropriate type of company for the task to be undertaken?
- If a company limited by shares is incorporated, who should hold the shares and how many?
- Should they all be of the same class?
- Who should act as directors? Will they be the same individuals as the shareholders?
- Do those who are appointed as directors understand the obligations they are assuming?
- Is it advantageous for the shareholders to enter into a Shareholders Agreement?
We will guide you through these difficult questions providing you with the benefit of our experience.
A commercial contract is normally concerned with the rights and duties which arise from the supply of goods and services by way of trade.
It is almost inevitable that a business will need to enter into a multitude of commercial contracts during it’s business life.
It is essential that such contracts are drafted with both care and clarity.
We can advise on the nature and content of any such document including:
- How the risk is allocated.
- Which jurisdiction is most appropriate to the documentation?
- Which are the most appropriate sanctions when things go wrong?
- Do intellectual property considerations apply?