How to Avoid the Legal Pitfalls when Setting up Your Own Business

Written by Brainy Business


How To Avoid The Legal Pitfalls when Setting up Your Own Business

No matter who you are you will make mistakes at some point in your business life and unfortunatelyrepparttar law is not very forgiving - ignorance is not a defence. Here are some ofrepparttar 103642 common pitfalls to watch out for when setting up your own business.

Partnerships

A partnership is formed when two or more parties form to start a business, sharingrepparttar 103643 workload and investing capital to get things going. It is always wise to have a written partnership agreement and get it checked by a solicitor. If you do not have a proper agreement and it all goes wrong,repparttar 103644 partnership will be covered byrepparttar 103645 Partnership Act 1890, whose provisions may not always seem fair.

For example, under it partners can withdraw without giving notice. This could mean they insist onrepparttar 103646 immediate return of their capital andrepparttar 103647 business may be forced to close down as a result. If you do not however, have an agreement you may be liable for all sorts of costs and you have no legal standing. It is very important to make sure all of your agreements are legal and will withstand in a court of law.

Clarify Relationships

You can find yourself in a partnership without realising it, for example, if you run a business with somebody but don't employ them, this often happens with husbands and wives or other family members. In a partnership, each partner is responsible for business debts incurred by other partners and there is no limit to their liability.

Put Everything in Writing

I cannot stress enough how important it is to have everything in writing. If things go wrong you have no legal standing without some form of documentation (which includes all correspondence), contracts arerepparttar 103648 basis of all business relationships. A contract will include four key components: Consideration, an obligation to pay or a promise to provide something in return for something of value. Certainty,repparttar 103649 contract must clearly state what is expected of all parties. The intention to be legally bound and an offer and an acceptance. However, contracts can be oral and it isn't always clear when one has been made.

Confirm every agreement in writing so everyone knows where they stand. What isrepparttar 103650 brief? Who will pay? When? How much? Are expenses included? What arerepparttar 103651 acceptance criteria? Who will own copyright? It is important that all aspects are covered and that there are no grey areas.

Make Sure all Employees Have a Contract

It is very important to have a contract of employment in place from day one for all employees. Make sure that all new employees are entitled to work in this country, or you could face heavy penalties. The contracts act to protect both parties.

Know your Employment Laws

Employment laws in this country are very precise on what you can and cannot do. Before you fire someone, make them redundant or change their terms and conditions of employment, take legal advice. If you don't, you could find yourself open to claims for unfair dismissal, discrimination or breach of contract. Also warn employees that discrimination, sexual harassment and other illegal acts will not be tolerated.

The Importance of Health & Safety

If you fail to carry out your health and safety obligations you may face prosecution, your insurance premiums may rise and you may find difficulty in obtaining insurance altogether. Inrepparttar 103652 worst cases your business may be closed until you adhere torepparttar 103653 Health & Safety laws. Information packs are available fromrepparttar 103654 Health & Safety Executive which will outline your legal requirements. The Government are legally entitled to carry out spot checks on your premises at any time.

MENU DRIVEN BUSINESS PLANNING

Written by Monte Zwang


So you want to open a restaurant? Many people come to me with their plans, and ideas after they have decided to build or open a restaurant. It is my responsibility to assist them in their planning process and determine how clearly they have thought their concept through. I ask them to show me a menu, and if their initial response is "I haven't gotten that far in my planning process yet," my response is “You haven't startedrepparttar planning process yet”.

A menu isrepparttar 103641 foundation of any restaurant; Guests will support or avoid a restaurant for its food. Starting with a preliminary menu is a simple and basic approach to restaurant development. Begin with a menu, and you are light years ahead inrepparttar 103642 restaurant development process. A menu will tell you and your Guest what you are trying to be as a business, and greatly enhance your chances for success.

I view a menu for content, image and pricing. Content (the actual items onrepparttar 103643 menu) will dictate service staffing needs, level of culinary experience and type of management required. Who will be doingrepparttar 103644 cooking, do they have experience in this type of food, and how much are you paying them?

Image is howrepparttar 103645 Guest will perceiverepparttar 103646 menu. Menu image helps definerepparttar 103647 targeted clientele and which other restaurants this operation would be competing with. Arerepparttar 103648 content and image ofrepparttar 103649 menu appealing to your desired clientele? Pricing helps determine a potential restaurant’s competitive placement. Isrepparttar 103650 pricing forrepparttar 103651 type of food offered competitive with other's inrepparttar 103652 market area, and does it permitrepparttar 103653 ability to manage a profitable food cost? Pricing setsrepparttar 103654 Guest's expectations in terms of food and service quality. This perception will, in turn, help define appropriate staffing levels. The budgeting process can now begin. Analysis of menu content, image and pricing will tell prospective restaurant operators whether their concept is appropriate for a certain market area.

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