SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors for SMEs and family businesses. As commercial solicitors, we understand the law but, unlike many, we also understand business. Our lawyers provide practical legal advice to SMEs and family run

businesses.

COUSINS BUSINESS LAW: BUSINESS SOLICITORS FOR SMES Gary Cousins's Department. Swan House. PO Box 11543. Birmingham. B13 0ZL. Fax: +44 (0)121 275 6155. Nigel Musgrove's Department. Pelican

House. PO Box 22.

SHAREHOLDERS’ RIGHTS AND SHAREHOLDERS’ DUTIES A quick summary of the main rights and duties of shareholders, and what they cannot do, is as follows. Shareholders: Have no rights to profits (unless a dividend has been declared or a company wound up); Have no rights to a company’s assets; Cannot be held liable for any wrong-doing by the company or its directors; Owe no duties of care to SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Shareholders with at least 25% of the company’s shareholding have the following rights: To block a special resolution (section 283) – while most decisions of shareholders are passed on a simple majority, special resolutions require 75% or more of the votes. TACTICS TO CONSIDER WHEN REMOVING A DIRECTOR OR BEING REMOVEDSEE MORE ON BUSINESS-LAWFIRM.CO.UK EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. SHAREHOLDERS AGREEMENTS FOR EQUAL PARTNERS The following are the areas I would recommend be considered as a minimum by equal ‘partners’ in a company and set out in a shareholders’ agreement between them: The agreed business of the company – the products and/or services it will supply. List matters which require the consent of all (or an agreed majority) of the

‘partners

GET THE RIGHT LICENCES FOR PLAYING AND SCREENING An MPLC licence is not needed if you are just showing sports, news or music channels. But of course you may need the appropriate licence for screening live sport on non terrestrial channels. There are 3 categories of licence depending on whether the venue is a pub/bar, a hotel, and restaurants/cafes. For examples the tariff for pubs and

bars

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

A GUIDE TO PERSONAL GUARANTEES PART 3 When faced with a demand under a personal guarantee, it is best to take urgent legal advice before taking any steps towards negotiation with the lender. Nigel Musgrove. Business and Litigation Solicitor. Tel: 0845 003 5639. For free advice on this topic please call us on 0845 003 5639. This blog is not intended to constitute legal advice,

nor

SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors for SMEs and family businesses. As commercial solicitors, we understand the law but, unlike many, we also understand business. Our lawyers provide practical legal advice to SMEs and family run

businesses.

COUSINS BUSINESS LAW: BUSINESS SOLICITORS FOR SMES Gary Cousins's Department. Swan House. PO Box 11543. Birmingham. B13 0ZL. Fax: +44 (0)121 275 6155. Nigel Musgrove's Department. Pelican

House. PO Box 22.

SHAREHOLDERS’ RIGHTS AND SHAREHOLDERS’ DUTIES A quick summary of the main rights and duties of shareholders, and what they cannot do, is as follows. Shareholders: Have no rights to profits (unless a dividend has been declared or a company wound up); Have no rights to a company’s assets; Cannot be held liable for any wrong-doing by the company or its directors; Owe no duties of care to SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Shareholders with at least 25% of the company’s shareholding have the following rights: To block a special resolution (section 283) – while most decisions of shareholders are passed on a simple majority, special resolutions require 75% or more of the votes. TACTICS TO CONSIDER WHEN REMOVING A DIRECTOR OR BEING REMOVEDSEE MORE ON BUSINESS-LAWFIRM.CO.UK EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. SHAREHOLDERS AGREEMENTS FOR EQUAL PARTNERS The following are the areas I would recommend be considered as a minimum by equal ‘partners’ in a company and set out in a shareholders’ agreement between them: The agreed business of the company – the products and/or services it will supply. List matters which require the consent of all (or an agreed majority) of the

‘partners

GET THE RIGHT LICENCES FOR PLAYING AND SCREENING An MPLC licence is not needed if you are just showing sports, news or music channels. But of course you may need the appropriate licence for screening live sport on non terrestrial channels. There are 3 categories of licence depending on whether the venue is a pub/bar, a hotel, and restaurants/cafes. For examples the tariff for pubs and

bars

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

A GUIDE TO PERSONAL GUARANTEES PART 3 When faced with a demand under a personal guarantee, it is best to take urgent legal advice before taking any steps towards negotiation with the lender. Nigel Musgrove. Business and Litigation Solicitor. Tel: 0845 003 5639. For free advice on this topic please call us on 0845 003 5639. This blog is not intended to constitute legal advice,

nor

COUSINS BUSINESS LAW: BUSINESS SOLICITORS FOR SMES Gary Cousins's Department. Swan House. PO Box 11543. Birmingham. B13 0ZL. Fax: +44 (0)121 275 6155. Nigel Musgrove's Department. Pelican

House. PO Box 22.

LEGAL GUIDE TO DOING BUSINESS IN THE UK Download a PDF version of the Cousins Business Law Guide to doing business in the UK here.. In spite of the current global climate, cross border trade continues and, for any foreign owned company doing business with firms in the UK, there are some basic aspects of the UK legal system which are essential to understand. HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

BOARD MEETINGS AND GENERAL MEETINGS The minutes of both shareholders’ meetings and board meetings should be kept in the company’s minute book, as should written resolutions. For free advice on this topic please call us on 0845 003 5639. Gary has been providing legal advice to shareholders, directors and business owners for over 25 DISPUTES WITHIN FLAT-MANAGEMENT COMPANIES Comment. Flat management companies are frequently hotbeds of disputes and are generally very badly run. It is quite common for directors of these companies not to have sufficient knowledge of their duties and to make decisions that breach the leases or their duties as directors. It is important for either directors or other flat owners to take BUSINESS LAW: PARTNERSHIP AND LIMITED COMPANY In a partnership, two or more people share the risks, costs, and responsibilities of being in business. Each partner is self-employed and takes a share of the profits. Usually, each partner shares in the decision-making and is personally responsible for any debts that the business runs up. Unlike a limited company, a partnership has no legal HOW TO BREAK A STALEMATE BETWEEN DIRECTORS Dispute Resolution Solicitor. Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and overseas. View profile. Call Gary on +44 (0)121 778 3212 or by email. DO I NEED A PREMISES LICENCE TO PLAY MUSIC? Incidental music played in a restaurant to entertain the diners will not require a Premises Licence, unless the music is the main event. Live TV or radio broadcasts are not classed as "regulated entertainment", nor is music played at garden fetes if not for private gain. And spontaneous performance of music singing or dancing is not

classed as

MEMBERS CLUBS AND POLICE POWERS Club Premises Certificates: the 2 powers of closure mentioned above do not apply. The power of closure under the Licensing Act only applies to a premises holding a Premises Licence. The power under the Criminal Justice and Police Act only applies where there is a sale of alcohol. In the case of clubs the membership own the alcohol so they THE DEREGULATION OF REGULATED ENTERTAINMENT The Licensing Act 2003, which came into force in 2005, brought with it far reaching and often nonsensical regulation of entertainment. Since then a series of deregulation measures have addressed the over abundance of red tape. The latest, and probably last, changes came into effect on 6 April 2015. Let us first of all recap on what

constitutes

SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors providing legal advice for SMEs and owner managed businesses. Cousins Business Law specialise in plain English legal advice with a practical business focus. SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. GET THE RIGHT LICENCES FOR PLAYING AND SCREENING Comments. I’m incensed. My mother lives in a sheltered housing scheme where approximately 10 residents would like to get together once a week in the evening to watch a film together. DISPUTES WITHIN FLAT-MANAGEMENT COMPANIESSEE MORE ON BUSINESS-LAWFIRM.CO.UK A GUIDE TO PERSONAL GUARANTEES PART 3 In my last blog in the series on personal guarantees, I will look out how you can bring a personal guarantee to an end, and what to do if

the creditor takes

MINORITY SHAREHOLDERS AND THE MANIPULATION OF BONUSES AND Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

DO I NEED A PREMISES LICENCE TO PLAY MUSIC? Last month I blogged about the need for a PPL and/or a PRS licence if playing music. They cover the licensing of the authorship and artistic

rights.

WITHOUT PREJUDICE

One question that I get asked a lot is: “When I’m dealing with a dispute by email, when should I use the phrase without prejudice? Many business people know they should use the term but are not sure when

and what it means.

SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors providing legal advice for SMEs and owner managed businesses. Cousins Business Law specialise in plain English legal advice with a practical business focus. SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. GET THE RIGHT LICENCES FOR PLAYING AND SCREENING Comments. I’m incensed. My mother lives in a sheltered housing scheme where approximately 10 residents would like to get together once a week in the evening to watch a film together. DISPUTES WITHIN FLAT-MANAGEMENT COMPANIESSEE MORE ON BUSINESS-LAWFIRM.CO.UK A GUIDE TO PERSONAL GUARANTEES PART 3 In my last blog in the series on personal guarantees, I will look out how you can bring a personal guarantee to an end, and what to do if

the creditor takes

MINORITY SHAREHOLDERS AND THE MANIPULATION OF BONUSES AND Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

DO I NEED A PREMISES LICENCE TO PLAY MUSIC? Last month I blogged about the need for a PPL and/or a PRS licence if playing music. They cover the licensing of the authorship and artistic

rights.

WITHOUT PREJUDICE

One question that I get asked a lot is: “When I’m dealing with a dispute by email, when should I use the phrase without prejudice? Many business people know they should use the term but are not sure when

and what it means.

SHAREHOLDERS’ RIGHTS AND SHAREHOLDERS’ DUTIES Often in small and medium-sized businesses, a company’s directors and shareholders are the same people. However, this is not always the case and it is not uncommon for directors who have left to retain

their shareholding.

COUSINS BUSINESS LAW: BUSINESS SOLICITORS FOR SMES Cousins Business Law solicitors allow you to ask your legal question

here.

APPLYING FOR A PREMISES LICENCE If you intend to carry out one or more of the 4 licensable activities, you must apply for a Premises Licence to the Licensing Authority for the place where the premises are situated. The four licensable activities are:- . The retail sale of alcohol; The supply of alcohol to members of a club DISPUTES WITHIN FLAT-MANAGEMENT COMPANIES Flat management companies are companies that are set up to manage blocks of flats. They mainly deal with issues such as repairs but also may have a role in ensuring that flat owners comply with the terms of

their leases.

SHAREHOLDERS AGREEMENTS FOR EQUAL PARTNERS A shareholders’ agreement is essential even for equal partners in a Ltd company. Commercial Solicitor Sue Mann explains why in this article. Call for advice. ORGANISING THE STRUCTURE OF COMPANY SHAREHOLDERS AND DIRECTORS Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

TACTICS TO CONSIDER WHEN REMOVING A DIRECTOR OR BEING REMOVED Removing a director from a company is much more complicated than removing an employee. Before this is done, there are several things to consider and tactics to employ. HOW TO DEAL WITH THE SHARES OF A LEAVING DIRECTOR-SHAREHOLDER In SMEs, it is often the case that directors are also shareholders. If a director is removed from office, this will not generally affect their position as a shareholder and it will usually be the case that it is preferable to deal with the shareholding at the same time. DIRECTOR REDUNDANCIES; MAKE A DIRECTOR REDUNDANT director redundant, director redundancy, director redundancies, directors duties, directors responsibilities MEMBERS CLUBS AND POLICE POWERS Back in January I blogged on the Police powers to close licensed premises. But those powers do not extend to bona fide members clubs who possess a Club Registration Certificate rather than a Premises

Licence.

SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors providing legal advice for SMEs and owner managed businesses. Cousins Business Law specialise in plain English legal advice with a practical business focus. SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. GET THE RIGHT LICENCES FOR PLAYING AND SCREENING Comments. I’m incensed. My mother lives in a sheltered housing scheme where approximately 10 residents would like to get together once a week in the evening to watch a film together. DISPUTES WITHIN FLAT-MANAGEMENT COMPANIESSEE MORE ON BUSINESS-LAWFIRM.CO.UK A GUIDE TO PERSONAL GUARANTEES PART 3 In my last blog in the series on personal guarantees, I will look out how you can bring a personal guarantee to an end, and what to do if

the creditor takes

MINORITY SHAREHOLDERS AND THE MANIPULATION OF BONUSES AND Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

DO I NEED A PREMISES LICENCE TO PLAY MUSIC? Last month I blogged about the need for a PPL and/or a PRS licence if playing music. They cover the licensing of the authorship and artistic

rights.

WITHOUT PREJUDICE

One question that I get asked a lot is: “When I’m dealing with a dispute by email, when should I use the phrase without prejudice? Many business people know they should use the term but are not sure when

and what it means.

SOLICITORS FOR SMES: BUSINESS LAW SOLICITORS Solicitors providing legal advice for SMEs and owner managed businesses. Cousins Business Law specialise in plain English legal advice with a practical business focus. SHAREHOLDER'S RIGHTS UNDER THE COMPANIES ACT 2006 Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

HOW TO SACK A COMPANY DIRECTOR Dismissing a director is not as easy as dismissing a normal employee. This blog sets out how to go about firing a fellow company director. The first thing to appreciate is that most directors in SMEs have three roles – that of a director, an employee and a shareholder – and to get rid of them completely, you will need to remove them from

each role.

EXCLUSION CLAUSES IN BUSINESS TO BUSINESS CONTRACTS This blog looks at the use of exclusion clauses to limit liability or perhaps the scope of performance under contracts between businesses. It does not apply to exclusion contracts between businesses and consumers, which are now governed by the Consumer Rights Act 2015. GET THE RIGHT LICENCES FOR PLAYING AND SCREENING Comments. I’m incensed. My mother lives in a sheltered housing scheme where approximately 10 residents would like to get together once a week in the evening to watch a film together. DISPUTES WITHIN FLAT-MANAGEMENT COMPANIESSEE MORE ON BUSINESS-LAWFIRM.CO.UK A GUIDE TO PERSONAL GUARANTEES PART 3 In my last blog in the series on personal guarantees, I will look out how you can bring a personal guarantee to an end, and what to do if

the creditor takes

MINORITY SHAREHOLDERS AND THE MANIPULATION OF BONUSES AND Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

DO I NEED A PREMISES LICENCE TO PLAY MUSIC? Last month I blogged about the need for a PPL and/or a PRS licence if playing music. They cover the licensing of the authorship and artistic

rights.

WITHOUT PREJUDICE

One question that I get asked a lot is: “When I’m dealing with a dispute by email, when should I use the phrase without prejudice? Many business people know they should use the term but are not sure when

and what it means.

SHAREHOLDERS’ RIGHTS AND SHAREHOLDERS’ DUTIES Often in small and medium-sized businesses, a company’s directors and shareholders are the same people. However, this is not always the case and it is not uncommon for directors who have left to retain

their shareholding.

COUSINS BUSINESS LAW: BUSINESS SOLICITORS FOR SMES Cousins Business Law solicitors allow you to ask your legal question

here.

APPLYING FOR A PREMISES LICENCE If you intend to carry out one or more of the 4 licensable activities, you must apply for a Premises Licence to the Licensing Authority for the place where the premises are situated. The four licensable activities are:- . The retail sale of alcohol; The supply of alcohol to members of a club DISPUTES WITHIN FLAT-MANAGEMENT COMPANIES Flat management companies are companies that are set up to manage blocks of flats. They mainly deal with issues such as repairs but also may have a role in ensuring that flat owners comply with the terms of

their leases.

SHAREHOLDERS AGREEMENTS FOR EQUAL PARTNERS A shareholders’ agreement is essential even for equal partners in a Ltd company. Commercial Solicitor Sue Mann explains why in this article. Call for advice. ORGANISING THE STRUCTURE OF COMPANY SHAREHOLDERS AND DIRECTORS Gary has been providing legal advice to shareholders, directors and business owners for over 25 years. Specialising in dispute resolution Gary is based in Birmingham with clients throughout the UK and

overseas.

TACTICS TO CONSIDER WHEN REMOVING A DIRECTOR OR BEING REMOVED Removing a director from a company is much more complicated than removing an employee. Before this is done, there are several things to consider and tactics to employ. HOW TO DEAL WITH THE SHARES OF A LEAVING DIRECTOR-SHAREHOLDER In SMEs, it is often the case that directors are also shareholders. If a director is removed from office, this will not generally affect their position as a shareholder and it will usually be the case that it is preferable to deal with the shareholding at the same time. DIRECTOR REDUNDANCIES; MAKE A DIRECTOR REDUNDANT director redundant, director redundancy, director redundancies, directors duties, directors responsibilities MEMBERS CLUBS AND POLICE POWERS Back in January I blogged on the Police powers to close licensed premises. But those powers do not extend to bona fide members clubs who possess a Club Registration Certificate rather than a Premises

Licence.

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