Business Law

We can give legal advice on all aspects of Business and Commercial Law


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We should save you costs and take the strain out of business law.  Understanding your objectives and developing a long term relationship is our objective.  With you and your business in mind we know you will turn to us for advice time and time again.

Whether large or small every business will face many challenges and issues. Our business clients know they can turn to us for reliable and practical advice whatever situation they face.

Whether it is buying or selling a business, taking a new lease on commercial premises, transferring a lease, Pennine Law are here to make it easy for you.

Whether your business is well established or just starting up there are many aspects outside your scope.  We can help maximise your opportunities and avoid the pitfalls when starting out on a new venture or when buying business assets.

Did you know that business partnerships can and do fail?

All too often individuals go into partnership without considering the consequences if the marriage does not work out as planned. A partnership can be agreed on a handshake and all too often the structure of the partnership is not documented. Do not go into any business partnership without an agreement

Did you know we can help on all commercial property matters?

Our experience ensures your business sale or purchase is executed in your interests and within your time constraints. Experience and strong relationships with investors, developers, builders and lending institutions ensures your interests are well protected. Using our experience and skills in negotiation and business resolution results in your commercial property business objectives being met, and your interests are well protected.

Did you know that tenancy agreements often include a large list of conditions?

Such conditions are specific to the property that exist to protect the landlords interests but often cause real confusion for the potential tenant when it comes to understanding any obligations they may legally be putting themselves under. Using our experience and skills in negotiation and business resolution results in your tenancy agreement and your interests are well protected.

For the Landlord too, complications arise when you decide to let your property. Investing in some effort into drafting the perfect agreement for your particular situation and getting the agreement correct from the start is the only way to avoid the large majority of potential problems associated with letting. Our experts are specialist at doing exactly that.

Pennine Law's Managing Partner Bill Hoyland has over 40 years of experience in the world of business providing specialist advice on all business related procedures with the minimum fuss and at a cost effective price.

Our Services include:

  • Full range of commercial advice for acquiring or setting up your own business.
  • Business asset sales and purchases
  • Share purchases and sales
  • Partnerships - including Limited Liability Partnerships (LLP's)
  • People issues
    • comprehensive range of services to business
    • drafting and renewing terms and conditions of employment and service agreements
    • redundancy issues
    • severance/compromise agreements
    • disciplinary procedures and dismissals
  • Commercial Property
  • acquisition and disposal of all types of commercial properties – offices shops factories licensed premises
  • building and development agreements
  • business leases
  • plot acquisitions and disposals
  • purchases sales and leases
  • joint venture agreements
  • option agreements
  • business and agricultural tenancy agreements
  • rent reviews and service charges
  • Landlord and Tenant
  • Dispute Resolution
    • Disputes sometimes arise in business and we resolved business disputes in a professional and cost effective manner and advise on
    • Contracts
    • Debts
    • Actions against directors
    • Property
    • Partnership and shareholder disputes

+ Click Here for Business Jargon Buster Fact Sheet


Business Jargon Buster

Arbitration

Determination of disputes by decision of arbitrator (a person appointed by agreement of the parties to decide on the dispute)

Bailiff

Officer of the court appointed to seize goods owned by the debtor upon issue of a warrant of execution

Bankruptcy

The inability to pay debts as and when they fall due.

Industrial Tribunal

Industrial Tribunals have powers to hear unfair dismissal, discrimination and other cases in relation to statutory employment rights as well as some breach of contract actions. Most cases must be brought within three months of the complained of event.

Joint Venture/Joint Venture Agreement

When two independent businesses wish to combine forces in a business project, they may form a joint venture to operate the new project as a separate enterprise. This can take the form of a simple contractual arrangement, a partnership or a joint venture company.

Joint & Several Liability

Where two or more people enter into an obligation such as a guarantee together, joint and several liability means that the lender or creditor can recover the whole indebtedness from any one of them. They are then left to sort out their respective contributions between themselves

Know-How

Know-how as a term often covers matters such as new product plans, costings, materials, production information, financial status, accountancy information, consumer lists and business information. If such information is particularly sensitive, it may constitute a genuine trade secret where the law will imply obligation upon employees and ex-employees to prevent disclosure. Most other forms of know-how and confidential information can only be restricted, other than during employment, by means of a valid confidentiality undertaking or confidentiality agreement.

Quorum

The number of shareholders or directors at board meetings who must be present at a meeting to allow proceedings to be validly and effectively conducted. The quorum required for a meeting of a company's shareholders and directors is usually two persons present in person or for shareholder's meetings by proxy. The quorum can be varied to suit particular needs and the requirements are contained in the Articles of Association. Any resolutions passed at a meeting without the required quorum are invalid, but may be notified at a subsequent quorate meeting.

Share Capital

Under the Companies Act 2006 shares may be issued by the company to shareholders in return for cash or other value equal to or greater than its nominal value. Shares in the authorised share capital are available to be issued. The issued share capital refers to shares which have been allotted and issued and held by shareholders. Not all of the authorised share capital needs to be issued. When shares are issued the person subscribing must pay cash or equivalent value of at least the nominal amount. Where the share is worth more than its nominal amount, a premium may also be paid

Shareholders Agreement

An agreement between shareholders of a company containing their agreement on the regulation of their relationship and on the administration of the company. There will be an overlap with the Articles of Association but it is not, unlike the Articles of Association, subject to public scrutiny.

Special Resolution

A resolution passed by a specified majority of members entitled to vote at a Company meeting.

Summary Dismissal

Gross misconduct should ideally be defined in the employment contract and, where committed should allow the employer to dismiss without notice or prior warnings ("Summary" or "Instant" dismissal). Such conduct will normally include theft, violence, falsification of records and other serious matters.

Terms and Conditions of Employment

Under the Employment Rights Act 1996, an employee must receive key particulars of his employment in writing within two months of commencing employment. These are known as the Terms and Conditions of Employment

Transfer of Shares

A transfer of shares is where an existing shareholder transfers issued shares to another person who is then registered as the holder of those shares.

Underwriting Agreement

An underwriting agreement in one under which, before a company issues shares to the public, a person undertakes in consideration of a commission to take up the whole or a portion of such (if any) of the offered shares as may not be subscribed for by the public

Unfair Dismissal

A statutory claim under the Employment Rights Act 1996. An employee who has been dismissed can make a claim to an Industrial Tribunal that he has been unfairly dismissed. If the employer is unable to show that the dismissal was fair, based on a limited number of grounds, the Industrial Tribunal will award compensation up to a statutory maximum to be paid by the employer to the former employee. Unfair dismissal applies irrespective of any contractual period of notice.

Vicarious Liability

An employer is vicariously liable for negligent acts or omissions by his employee in the course of employment whether or not such act or omission was specifically authorised by the employer. To avoid vicarious liability, an employer must demonstrate either that the employee was not negligent in that the employee was reasonably careful or that the employee was acting in his own right rather than on the employer's business.

Wrongful Dismissal

A common-law claim based on breach of employment contract and, as such, wrongful dismissal is distinct from unfair dismissal. Where an employee is summarily dismissed in breach of his contractual entitlement to notice and other contractual entitlements he will have a claim for damages unless the dismissal was justified under the terms of his contract of employment. Damages are based on the employee's loss.

- Click Here for Business Jargon Buster Fact Sheet


Pennine Law can also help with...

Pennine Law can also help you with Residential Conveyancing, Commercial Conveyancing, Wills, Trusts, Probate, Elderly Client issues, Inheritance Tax Planning, Business Law, Employment Law, Family Law and Civil Litigation

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Bill HoylandBill HoylandHoyland and Penistone

Pennine Law Solicitors inc Dransfield, Hodgkinson & Lofthouse and William Hoyland Solicitors
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