How To Avoid The Legal Pitfalls when Setting up Your Own BusinessNo matter who you are you will make mistakes at some point in your business life and unfortunately
law is not very forgiving - ignorance is not a defence. Here are some of
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, sharing
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,
partnership will be covered by
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 on
immediate return of their capital and
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 are
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,
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 is
brief? Who will pay? When? How much? Are expenses included? What are
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. In
worst cases your business may be closed until you adhere to
Health & Safety laws. Information packs are available from
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.