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John Barlow

Litigation \ Commercial
>>> Frequently Asked Questions

1. Do we need a Partnership Deed?
2. Once we have a Partnership can we then become a Limited Company?
3. What regulates a Limited Company?
4. What are Terms of Business?
5. How can you help in relation to commercial transactions?
6. Can you help in relation to the protection of a business name or mark?
7. What happens if an important Director or Manager dies or becomes too ill to work? Can you help over relevant insurance cover?

1. Do we need a Partnership Deed?

It is not essential to have one but it is preferable since in a Partnership Deed you can agree everything about the way the business is run, the way profits are divided, holidays, pay, division of profits and losses, how to terminate a partnership etc. Money spent on a Partnership Deed is well worth it and this could provide the only written evidence as to the exact nature of the business.

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2. Once we have a Partnership can we then become a Limited Company?

Yes, you would Incorporate. A company is formed and the business of the Partnership is transferred to the company. This will be done in consultation with your Accountants and other advisers.

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3. What regulates a Limited Company?

Every Limited Company has a Memorandum & Articles of Association. This is a document that regulates the affairs of the company in terms of what the company can do, it also deals with internal matters such as issuing and transferring of shares, powers of directors etc. The share holders can agree between them what should be in the Memorandum & Articles of Association and you tailor the company to suit the business venture with which you are involved.

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4. What are Terms of Business?

Terms of Business are the standard terms that any business organisation will have that will apply to any contract for the supply of goods or services supplied by that business. They are incorporated into any contract unless they are specifically varied for a particular contract. They can deal with matters such as interest on payment of bills, retention of title, ownership of goods etc.

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5. How can you help in relation to commercial transactions?

We are ready and willing to advise on virtually every type of commercial transaction. The starting point has to be the contract documents for the job that is being done, it is important to make sure that all contracts are properly recorded in writing and any variations are agreed. If you want to use a particular firm or company name, we can carry out searches to make sure any particular name is acceptable to the Registrar of Companies.

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6. Can you help in relation to the protection of a business name or mark?

Yes, we are able to advise on the protection of intellectual property rights and have access to all relevant trade mark expertise.

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7. What happens if an important Director or Manager dies or becomes too ill to work? Can you help over relevant insurance cover?

Yes, we have access to independent financial advisers who will be able to help with a wide range of insurance and other related services which will be essential for the continued health of your business concern.

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Barker Son & Isherwood LLP, 32 High Street, Andover, Hampshire SP10 1NT
Telephone: 01264 353411 Fax: 01264 356549 DX: 90303 ANDOVER

 

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