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When NOT to sign a contract

When NOT to sign a contract
When making new business-to-business deals, you may think it's OK to sign the other party's contract without taking advice, perhaps because your budget is tight or because you're too trusting. Some contracts are blatantly simple and don't need a sophisticated review. But others are clumsily drafted, or might contain sneaky clauses that benefit the other party. It might only take an hour for your lawyer to check the contract. So please ask! It's always better to get everything sorted out right at the beginning. If/when you fall out or problems arise later, it can take a long time to untangle the mess and will cost you a lot more. This article includes some of the things to look out for. read more »

What you need to know about the boilerplate text at the end of your contract

What you need to know about the boilerplate text at the end of your contract
Most business contracts end with some standard text, sometimes known as 'boilerplate' and often repeated from one contract to the next. It's not uncommon for clients (and their lawyers) to slightly neglect these clauses. But it can be a problem, so they are worth a look. They are designed to protect you, but it might turn out that some clauses add nothing in a particular scenario so can be dispensed with altogether. read more »

"Can I terminate a B2B contract?"

In uncertain economic times, many people start to worry. Small businesses – and even big ones – become concerned about whether they can manage all their commitments, and may start to wonder if they can get out of any supplier contracts they are tied into. This article explores some of the ways you can terminate a contract without adverse consequences. read more »

The changing face of B2B contracts

The changing face of B2B contracts

It's been a longstanding practice to prevent businesses from being able to assign their rights under a business-to-business (B2B) contract to another business.

It has been normal to include a clause saying that you can't legally transfer a B2B contract to another party. This clause was usually expressed as a prohibition in the benefits and obligations section, and applied whether you were the supplier or the customer. The other common version of the clause was one that prevented the supplier from making such an assignment, unless the customer agreed, but gave the customer more freedom to do so.

There's now been an important change to what you can do with B2B contracts.

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Predictions for 2019

Predictions for 2019

We still don't know what the final outcome of Brexit will be, but a new year is a good time to look ahead at things we know we can plan for.

These are some of the legal areas will potentially be affected, regardless of whether and when the UK leaves Europe, and on what terms.

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Getting ready to run an online business

Getting ready to run an online business

Even five or six years ago, there were not many businesses that were entirely online. Most developed an online presence as part of their overall business.

Today, there are an increasing number of businesses that solely exist online. They have no shop-front or offices, and no premises for customers to visit.

People understandably look for simplicity and try to keep costs down, so they often go ahead and set up a website without taking legal advice first. But this is naive. Once the business is up and running, their business model may need changing which can lead to a lot of hard work and expense.

If you are starting a business online or migrating it online, there are a whole bunch of risks and legal issues to consider. Here are a few of them.

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Selling business assets?

Selling business assets?

Last month we wrote about buying business assets. This month we look at it from the other point of view, and give advice about what to do in the early stages of planning to sell your business assets (as opposed to selling shares in your business).

Let's assume you've already taken tax advice and decided that you want to sell all or part of your business assets as a going concern.

Many sellers rush to find a buyer, and do little or no preparation before the sale. But doing sufficient preparation early on means the sales process will be smoother once you find a buyer, boost the value of the assets, and enhance the likelihood of the sale going through.

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Buying business assets?

Buying business assets?

When buying business assets, it’s wise to start informal enquiries in the early stages, before you instruct a solicitor. Why? Because it helps uncover the extent to which you need to expand these investigations when the purchase reaches a more formal level. In the worst-case scenario, it can also reveal whether it is worth pursuing the purchase further.

Here are some of the due diligence checks you can start to look at even before your solicitor gets involved.

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Key issues to consider when setting up a Joint Venture Agreement

Key issues to consider when setting up a Joint Venture Agreement

Last time, we wrote about the four main structures you can use when setting up a Joint Venture (JV). One of the most popular is a contractual JV agreement. Remember, this is when you don't set up a new company; rather, you and your business partner agree how you will work together as two separate companies.

Most commercial matters might seem patently obvious, but it's important that everything is articulated nicely, neatly and clearly. Here are some of the issues to cover at the outset of your JV agreement:

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Setting up a Joint Venture

Setting up a Joint Venture

A Joint Venture (JV) is when two or more people or companies want to work together with a view to making a profit from their commercial activities.

When setting up a JV, there are various structures you can use. This article explains the four that are conventionally used in the UK, so you can choose the one that suits you best.

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Our clients say...

Marie developed contracts for us which are professional and specific to our business and allow us to easily manage our relationships with very different clients and suppliers.

Kerry Quinn
Quinn Wilson Associates Limited

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