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Huntley Legal's Blog

How well are you managing your contracts?

How well are you managing your contracts?

In recent months, I’ve helped several clients with their contractual arrangements. Although the details of the problems were quite different, they all shared the same underlying problem. They didn’t keep a constant watch on the basics.

Being vague about contractual details, or failing to check them properly, can lead to dire consequences, delays, disputes and extra costs.

This article explains the key points you need to know… and then keep checking… even when you are sure you know them.

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Standing as a guarantor for a company?

Standing as a guarantor for a company?

You might well be asked to stand as guarantor for a company – this happens to many business-owners, especially when their company is new, expanding, or needs higher-than-usual levels of borrowing.

When the bank or lender needs a guarantor, the obvious candidate is the business owner. That's because you are expected to show confidence in your company's plans and prospects. In fact, it would be hard to explain why you wouldn't stand as guarantor.

If this happens to you, here are some of the things to consider.

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Varying a contract

Varying a contract

Just because you have a contract in place doesn't mean you are stuck with it forever.

There are many reasons why you might want to vary a contract. Obviously, things can change since you signed the original agreement.

If you're the customer in the relationship, maybe business has developed so you need to order more goods or increase the service level you require. If you're the supplier, you might want to change your pricing structure at some point.

This is all quite normal.

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Seller beware!

Seller beware!

When selling a business or a company, it's routine to grant warranties on core issues such as:

  • Your books and records being up to date
  • Proper insurance and accounting matters
  • Contractual trading relationships in place

As a seller, you need to know that potential buyers won't (or shouldn't) complete the deal if you are not prepared to provide them with such warranties.

However, if you're looking for a speedy sale, it's not unusual to do little or no due diligence as you aim to sign the documents with no fuss as quickly as possible.

This cautionary tale brings home the risk to the seller.

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What's in a (business) name?

What's in a (business) name?

Whether you're launching a new business or taking over an existing one, you might be looking at the business name.

Any business needs to have a formal company name, a domain name, and a name it's commonly known by for trading and branding.

For practical purposes, it's good to have a consistent link between the brand name, the domain name, and the official company name.

In this article, you'll discover what to do before and after you choose a business name.

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Does your payment clause work for you?

Does your payment clause work for you?

Imagine this scenario.

You provide B2B services. You've won a new client – hoorah! The client wants to work with you for several years – yay, there will be dancing in the streets!

So you put a written agreement in place.

The agreement will cover how much they should pay, and when, and how. It's also likely to include a termination clause, to allow for the client to end the working relationship at some point.

Let's imagine they ask for a 60-day notice period after year 1, and you accept this. Your annual charges to the client will no doubt be based on you getting a whole year of work, even you agree to accept monthly payments.

However, has this payment structure and termination clause been thought through properly and written clearly?

This article covers some of the issues to consider.

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Entering a contractual relationship? Don't jump the gun!

Entering a contractual relationship? Don't jump the gun!

When you are actively thinking about entering into a contractual relationship – and even if you're not – there are a number of risks and issues to consider.

I see many situations when people get ahead of themselves, and don't realise the consequences of their actions. Here are some examples...

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6 tips for selling B2B goods online

6 tips for selling B2B goods online

Do you sell goods to business customers online? If yes, here are some of the things you need to think about with regard to your terms and conditions, and how you process the sale.

Please note this advice is relevant when customers place their order via your website, rather than reading your terms online and buying via another channel.

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Do you discriminate against your customers?

Do you discriminate against your customers?

When you think about discrimination, do you initially consider how it relates to recruitment and employment?

Most people do.

They are aware that their business processes have to be fair to ensure discrimination doesn't happen as part of their recruitment process, in the way that their employer:employee relationships work, and in the way their employees deal with each other.

You probably know there are certain protected characteristics, including race, sex, religious belief, sexual orientation, disability and age. And you'll know that job applicants and employees are entitled not to be deprived of opportunities, or treated less well than others due to one of those protected characteristics; essentially, that they mustn't be treated in a way that's discriminatory.

You're aware you must make 'reasonable adjustments' for disabled employees, make proper arrangements for pregnant employees and those on maternity leave, and that employees mustn't be harrassed (bullied or made to feel uncomfortable), nor victimised (treated badly) because they are supporting someone with a protected characteristic.

But you also need to remember you have similar obligations in relation to your customers and potential customers. This article explains more.

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Do you use subcontractors?

Do you use subcontractors?

If you are a main contractor supplying your clients with IT services, or running a call centre, or staging an event, it’s unlikely that you’ll have ALL the equipment, staff and expertise in-house for EVERY contract you work on. At times, you’ll outsource to sub-contractors.

This article explores some of the risks involved.

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Huntley Legal provided me with complete confidence that the sale of the business and assets of my national furniture assembly company was conducted in the most professional, efficient and effective way possible.

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Jack Bock Limited

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