Commercial & Company
Whether you wish to set up a new company, or to restructure an existing one, our specialist Corporate solicitors can help you to arrange the entity to suit your needs – meeting your commercial requirements and benefitting your company economically.
However, before a company is formed on your behalf, we should investigate whether – for your particular circumstance – a company is actually the best trading vehicle for what you aim to achieve.
In this investigation, our lawyers will advise on whether the most suitable option for you would be:
- Sole Tradership;
- Limited liability partnership; or
- Co-operatives (including businesses run along the “John Lewis” model).
Once you have identified the appropriate business type, we can undertake all legal work involved in getting the business set up, including acquiring an off-the shelf-company, drafting the Memorandum and Articles of Association, to enable you to start trading as soon as possible.
Mergers & Acquisitions
If you are exploring ways to enlarge your business, you may be considering merging with another company. Alternatively, you may be wishing to acquire the control of another business.
We can also advise you on management buy-outs and business restructuring.
In each case, our Mergers and Acquisitions specialists are on hand to assist you. We can advise you how to avoid the risks involved and can state whether these apply to your proposed merger or acquisition.
It must always be kept in mind that if your business is struggling and indeed might be facing insolvency, then the Directors’ obligation is to act in the best interest of the creditors and not of the shareholders.
In such a case, it may be necessary to consider any of the following: rearranging the assets or liabilities of the business, discontinuing a line of business, significantly changing the size and scope of the business’ operations, making extensive employee cutbacks, or managing a business transition.
Whatever the difficulty, our Corporate solicitors can assist you in making the best choices. We will offer our expert knowledge of all the legal requirements and will focus on the most effective solution, so that you can firstly face and then overcome your business concerns.
W Davies has extensive experience in drafting shareholders’ agreements.
For various reasons, you may need us to draft a shareholders’ agreement, including the following:
- One or more of the shareholders dies
- Impossibility of achieving an unanimous agreement
- A deadlock has arisen between the shareholders, and
- A shareholder decides to sell his interest.
A shareholders’ agreement is entered into by the current shareholders in a company, to provide the business with internal stability and guidance. Together with the articles of association, a shareholders’ agreement can set down rules about which decisions must be made unanimously and which decisions can be made by a majority vote. A shareholders’ agreement can also be an important when trying to raise capital for your business.