COMPANY FORMATION
Starting a new business is an exciting prospect, but setting up a company is often complicated by numerous legal requirements and regulations.
Navigating these hurdles is essential to ensure compliance with the law, making professional legal advice critical when understanding the legal implications of starting a business.
Careful planning and research are crucial when deciding on the most suitable business structure.
This decision should not be taken lightly, as forming the right entity from the outset provides a solid foundation for growth while ensuring compliance with legal obligations. There are tax implications of each company type and regular filing may be needed.
Choosing the right company will help you meet regulatory requirements, to pay the correct level of tax, to add prestige to your company and to aid expansion through banks only loaning money to reputable businesses.
What are the Types of Business we Deal With?
- Sole Traders
- Partnerships
- Private Limited Companies
- Limited Liability Partnerships
- Charities
- Non-profit organisations and NGOs
FAQs
- Taking your instructions and sending a letter
We take your instructions, review your case and send a letter before action to the debtor requesting payment within a specified period of time.
2. Commence Court Proceedings
If you do not receive a satisfactory response from the debtor then the next stage is to issue legal proceedings through the County Court. The debtor will be sent the court form requiring them to pay the debt.
3. County Court Judgement
If no payment is received, a County Court Judgement can be obtained which is a Court Order that confirms the debtors have not paid the overdue amount which gives you the power to take enforcement action.
4. Enforcement
Once the County Court Judgement has been obtained the order can be enforced.
If you have unpaid debts that remain unsettled despite repeated attempts to collect, it may be time to consider a debt recovery service. When communication with the debtor has broken down or they’ve become unresponsive, professional help can effectively recover the money owed to you.
Gifford Cairns, and all debt collectors, must comply with the Consumer Credit Act 1974. This means we cannot harass or intimidate debtors in our communications with them. We also must provide accurate information about the debt. Debtors have the right to dispute the debt and request proof of the amount.
The length of the debt collection process depends on the specific circumstances and how the debtor responds. It usually starts with letters and phone calls, and if that doesn’t resolve things, legal action may follow. The process can take weeks or months, and in some cases, it may take years to recover the full amount.
Failing to use debt recovery solicitors carries several risks. You may end up unable to recover what’s owed, lose time and money chasing the debt, or damage commercial relationships through poorly handled attempts. There’s also a risk of falling foul of UK regulations if the process isn’t legally compliant. Debt collection solicitors bring the legal expertise needed to pursue debts efficiently, lawfully, and with the right level of pressure.
The Late Payment legislation allows businesses to claim statutory interest (currently 8% above the Bank of England base rate), fixed compensation, and reasonable recovery costs for overdue invoices. Our team will assess your situation to determine the full amount you are entitled to claim.
Every business is unique, with different industry norms, trading standards, and commercial objectives. With this in focus, we provide tailored legal advice specific to your commercial circumstances, helping you navigate the complexities of business formation and ensuring a smooth start towards achieving your goals.
We take the time to understand your business and its specific needs, offering expert guidance on the most suitable structure to align with your objectives while ensuring full legal compliance. This collaborative approach allows us to develop informed strategies and solutions that support both your immediate needs and long-term success.
Setting up a Company
Below is a guide on how we will work with you, to create a limited company in this example.
Step 1: Choose a Company Name
- This must be unique and not similar to existing businesses.
- The name cannot contain sensitive or restricted words.
- We can assist you on what is allowed.
Step 2: Appoint Directors & a Company Secretary (Optional)
- A Ltd company must have at least one director.
- A secretary is optional but can assist with compliance.
- We will assist you on determining if this is necessary.
Step 3: You Decide on Share Structure
- You need at least one shareholder (which can be the same person as the director).
- It is important to define the type and value of shares (e.g., ordinary shares at £1 each).
Step 4: We Prepare Legal Documents
- Memorandum of Association – Statement of intent to form a company.
- Articles of Association – Rules for running the company.
Step 5: We Register the Company with Companies House
- Online registration fee: £12 (processed within 24 hours).
- Paper registration: £40 (can take up to 10 days).
Failing to Set Up the Right Company: A Practical Example
In this example, we find John: A Sole Trader.
John is a sole trader operating a plastering business in Manchester.
He signs a contract with Manchester FC to renovate a function room at New Trafford Stadium, but he underestimates his costs to secure it. Halfway through, he runs out of funds and cannot complete the job. He is now in debt and is being sued by the football team.
Consequences as a Sole Trader:
- Personal Liability: The plastering business debts are John’s personal debts. Since he signed contracts in his own name, he is legally responsible for paying suppliers and subcontractors.
- Risk to Personal Assets: John’s creditors can pursue John’s personal assets, including his home, savings, and car, to recover outstanding payments.
- Legal Action & Bankruptcy: If John cannot complete the job, Manchester FC may begin legal action against him personally, affecting his credit rating and future business prospects.
How This Would Be Different if John Had a Limited Company
Had John chosen to operate as John’s Plastering Limited, the situation would be different:
✔️ Limited Liability: The company, not John personally, would be responsible for debts. His personal assets would remain protected.
✔️ Company Insolvency, Not Personal Bankruptcy: If the company became insolvent, only company assets—not John’s home or savings—would be at risk (unless he provided a personal guarantee).
✔️ More Professionalism & Growth Opportunities: Larger businesses, like ‘Manchester FC,’ prefer working with incorporated companies. Limited companies improve your credibility and create new opportunities.
✔️ Tax Benefits & Business Protection: A limited company structure offers tax efficiencies and allows John to separate personal finances from business operations.
Company Essentials
Package 1-
Business Structure
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Review of Existing Agreements
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Company Formation
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Articles of Association
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Memorandum of Association
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Shareholders Agreement
Company Plus
Package 2-
Business Structure
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Review of Existing Agreements
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Company Formation
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Articles of Association
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Memorandum of Association
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Appointment of Directors
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Shareholders Agreement
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Terms of Business
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Website Privacy Policy
Company Pro
Package 3-
Business Structure
-
Review of Existing Agreements
-
Company Formation
-
Articles of Association
-
Memorandum of Association
-
Appointment of Directors
-
Shareholders Agreement
-
Terms of Business
-
Website Privacy Policy
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GDPR / Data Policy
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Draft Employment Contract
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Draft Employment Handbook
Additional Services