Recent content by Lawyer

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    Agency charging for payments to be made to ltd company

    The only time I have come across it is with foreign payments where all kinds of charges by banks at both ends are very often added on rather than a payment for the time in paying you! However if the contract terms say they can add a charge then in law they provbably can. As you say - it does not...
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    Our business dissolved, never traded, how to get money back???

    It is very expensive - more htan £700 to restore a company to the register. If a company otes like this then its assets go to the Crown under bona vacantia. I got a trade mark back for a client - we paid £1000 to the bona vacantia office to buy it back. So technicaly currently the Queen owns...
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    Online Raffle – Legal Issues & a Working Example

    Exactly as said above. There has to be skill invoilved hence spot the ball etc which I have used for clients when they have say wanted people to pay to enter and it is a house raffle. If there is no skill it can become an illegal lottery. the Gambling Commission has some guidance on the...
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    Clocking machine for Limited Companies and Self-Employed

    It sounds like they may be employed by an agency probably because of the IR35 rules. The clocking in and out is not really a legal breach - some people using someone for services might well have a system for health and safety, fire drills etc needing to know exactly who enters the building and...
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    Minutes Of Board of Directors Meetins

    If the shareholders' agreement requires that unanimous approval make sure it covers both board and shareholder meetings. Also you could include a clause that all board meetings are recorded and a neutral third party keeps the recording plus are uploaded to the cloud with every director having...
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    Payslips - what's the law?

    Surely they ciould scan their copy or photograph it on their phone and send it to you in about 2 seconds. Also when you leave you shouldl get a P45 which will also give the information you need. Finally it may be they are not paying the national insurance and tax to HMRC for you which they...
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    Shareholder Issues.. please help...

    I would second the dormancy point too. Also has he missed important companise house failing requirements which could lead to a fine on you? I would check his paperwork or lack of it too. Also you could consider changing the company name - yo uhvae 75% of shares so I believe you can do that...
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    Client has terminated project, now threatening to take me to small claims

    Yes, it is rare to pay an invoice if a project is delivered so late it is in breach of contract and the client is fuming about the delay! If the contract said delivery by XYZ date then it depends on the type of contract whether being late is a major breach but unlikely in your case (whereas if...
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    Legal advice

    May be post a bit about your issue here first. I often point people towards free sources of advice or information if that is more cost effective than using a solicitors firm.
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    New startup formation, protection

    You can make the company's shaers into different classes or types of shares, sometimes called A B C shares etc and each type can give a different dividend, even if all three shareholders had the same % of shares. You could hae a majority ordinary voting shares if your partners agree and then...
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    Is "I was wrong" a defense in civil law?

    rach is right. Also no contract term can exclude liablity for fraudulent misrepresentation (but that is hard to prove) although it can for other types in business contracts as long as the exclusion is reasonable. As you say your property solicitor is going to be the best person to advise on this.
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    Service Agreement

    If you are not an employee (PAYE etc) so do not owe a duty of fidelity to your employer and if there is nothing in the service agreement saying you cannot do particular things (check - there probably is) then you can as long as you do not use other company's confidential information, customer...
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    Debt collection agent will help?

    Also you made these goods. If you hvae the standard terms of sale most solicitor like I draw up as your contract with the buyer they will have a "retention of title" clause (or Romalpa clause) in them - the goods remain your property until he paid with a right of entry to recover the goods...
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    Dissolved Company - HMRC visit (urgent advice)

    Also when you dissolve a solvent company there is an obligatory period (6 mnoths?) when you are not allowed to have it struck off the register precisely because debts to HMRC might come out of the woodwork in that period.
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    Advise please, another company is using my business name

    Also check if they have a registered trade mark for the name (search on ipo.gov.uk). Also do you mean exactly the same word for word LLP name/registration as that is technically impossible at Companies House or do you mean slightly different eg not including LLP?
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