A robust set of terms and conditions are essential for every business, allowing you to clearly outline the products or services you are selling, the terms on which you are selling them, and the steps that will be taken if things go wrong. Not only is it vital to get your terms and conditions drafted properly by a legal professional from the outset, it is equally important to review them regularly to ensure they remain fit for purpose and protect your business interests. Whether you are a startup or a long-standing business, your organisation’s terms and conditions form the basis…

Peer-to-peer (P2P) lending has become increasingly popular with entrepreneurs and small business owners as an alternative to a traditional bank loan for a startup, or to fund an existing business venture. Loans are typically offered via a website operating as a P2P marketplace, using financial technology, to connect borrowers directly with investors. In doing so, the middleman – the financial institution – is removed from the process. In the case of a P2P loan, an investor opens an account and deposits money which is dispersed in the form of loans. The investor’s goal is to achieve a better return on…

In an update to the original Data Protection and Digital Information Bill brought to the UK’s House of Commons on 18th July 2022, the Data Protection and Digital Information (No.2) Bill was introduced on 8th March 2023 with the aim of strengthening the country’s data protection law and increasing online safety. What is the Data Protection and Digital Information Bill? Michelle Donelan, Secretary of State for Science, Innovation and Technology, said that the new Bill followed a detailed consultation with industry and business, as well as privacy and consumer groups and would “create a new UK data rights regime tailor-made…

Creating the right shareholders agreement for a company isn’t straightforward. No two agreements are exactly the same. Understandably, some boot strapping startups will try to save money by creating their own shareholders agreement using a template, but this can be a false economy. Every business is different and is exposed to a different set of risks, so it’s important to have a bespoke agreement developed and put in place from the outset. Every shareholders agreement needs to be developed according to the needs of the company and its shareholders and neglecting to put one in place can have seriously damaging…

If you have spotted a great business acquisition opportunity and the headline figures look superb, how do you know that you will be getting the value and benefits in the deal that you had hoped for? The key lies in the quality and depth of the due diligence carried out by your advisors, especially in regard to the transferability of the business contracts. It is a sad fact, that some otherwise viable acquisitions have failed to succeed as a result of important contracts not being transferable to the acquiring business. In this article we delve into the various aspects to…

If you are planning to appoint a new director to work in your business who will also acquire shares in your company then, as well as drawing up a service level agreement to govern their employment, you will also need to consider whether you need to make any changes to your current shareholder agreement.

Becoming a minority shareholder or investor in a business may lead you to believe that, given the limited rights you will have, there are not many important considerations to take into account. However, even a minority investor needs to protect their interests as much as possible and to be able to share or exit its investment in a fair manner. While minority shareholders may not usually benefit from voting rights, it is important to ensure they have access to drag along or tag along rights which provide them with a fair exit. All investors need to know what their rights…

February’s cabinet reshuffle saw the creation of a new Department for Science, Innovation and Technology (DSIT), headed up by Michelle Donelan. The new Secretary of State says the department will promote growth, encourage the creation of new jobs and bolster innovation.   For the first time, the five technologies of tomorrow: quantum, AI, engineering biology, semiconductors and telecoms, will be brought together under one umbrella department. Also included within its remit will be life sciences and green technologies.   But what exactly does it mean for UK startups and scaleups operating or planning to operate within the sector?   Big hopes for…

Mergers can offer many benefits to two smaller partnerships with good cultural alignment, including sharing costs and resources, access to economies of scale, and reduction of competition. There are a host of commercial issues that one has to be aware of when contemplating a merger of two partnerships. An in-depth analysis of the two businesses is crucial, as is ensuring that required documentation is completed correctly. The process of merging will inevitably require many moving parts, and you'll be better served by having a knowledgeable legal team in your corner to help you address the commercial considerations. Commercial Considerations A…

An employment settlement agreement is a legally binding contract in which one person, usually an employee, agrees to waive their rights to bring a claim in the employment tribunal or a court in return for another person, typically their employer, agreeing to do something, such as paying them a sum of money and agreeing to give them a reference.