Business Matters
Corporate & Business:
Agreements & Documents

Contracts, agreements and documents for shareholders, partnerships, franchises, franchisees, agencies and distributors.
Shaping and documenting the deal.

Across the world, businesses make and break contracts all the time.

This, if nothing else, should make businesses think twice before assuming that the deal is done, but there are a number of other reasons why such an arrangement would be better supported by a written agreement. The key ones are:

• the law requires a signed document for the validity of the transaction (e.g. the sale and transfer of land, a guarantee, hire purchase and equipment leases with consumers and the assignment of copyright, patents and the like);
• the law requires the terms of the arrangement be recorded in writing (e.g. some European agency contracts and standard terms of employment documents);
• there is a lot at stake, either in monetary terms or in the strategic importance of the arrangement;
• clarity over the applicable terms in order to avoid disputes later (e.g. standard terms and conditions of trade - either for ordinary use or for sales on the Internet).
• absence of an agent where technology rights are involved could severely prejudice your rights to the technology having regard to competition law

At times like these it would help to have an in-house legal team working to look after your interests. But if you would prefer not to have the overhead of the team all the time, then why not instruct the right team as and when you need it?

The growth of our commercial practice has enabled us to give our clients access to those with relevant experience to form a highly effective team dedicated to getting the best deal.

This allows us not only to act to record an arrangement but to be involved in the planning and negotiation of the transaction so that opportunities to avoid pitfalls and to add value can be created and acted on.

FAQs - please see our Disclaimer

1. What would be your approach to dealing with my proposed transaction?
To meet with you so that both you and we can gain an understanding of:

• where the real issues and value are likely to lie;
• the sort of approach that would best suit;
• the make-up of the best team of internal and external professionals;
• who will be responsible for project management and
• the expected sources of funding and the timescales and costs involved.

To help all concerned we have developed INSTRUCTION SHEETS to draw out the issues and allow an informed decision to be made on the method and level of charges. See our library for an instruction sheet. Or contact a member of the team above.

2. I am not sure at what stage and how best to use a solicitor to conclude this deal?
Broadly, the ways in which we are brought into a deal include:
1. reviewing and providing either a verbal and/or written report on issues arising, or
2. gathering the initial elements of the deal, either informally or by heads of agreement / letter of intent

leading on to:

1. preparation or review and amendment of the draft documentation;
2. negotiation of the documentation to bring the deal to a conclusion;
3. handling the completion and dealing with elements of after-care.

We are particularly in tune with the wants and needs of owner-managed businesses and will try to tailor what we do to your requirements.