Corporate & Commercial Hatfield, Hertfordshire
When a dispute arises in your business or at home, it can be incredibly disrupting to all aspects of your life. In our Litigation and Dispute Resolution team, we have many years’ experience in offering a tailored service to companies, businesses and individuals such as yourself, providing legal and commercial advice to meet your needs and assist you in resolving disputes in Hatfield, Hertfordshire.
We recognise that the issue of legal proceedings in the Courts or Tribunals may not be the right or only option for you. We will explore all aspects of Alternative Dispute Resolution (ADR) including negotiation, mediation, adjudication, arbitration or expert determination, to assist you in resolving disputes in the most practical and commercial manner, so you can seek to maintain commercial relationships or regain neighbourly harmony.
If your case does proceed to Court however, we can also provide you with quality legal advice and knowledge when dealing with all divisions of the High Court, County Court, Specialist Courts and Property Tribunals and the Appeal Court.
We can help you deal with the following areas:
Company related disputes
Commercial Contract Disputes
Irrespective of how clear and concise a commercial contract is, disruptive disputes can always occur. Dealing with commercial contract disputes can place a heavy burden on your business, while posing a risk to your financial stability and productivity.
At K&K Solicitors, our experience and expertise extend to all types of commercial contract disputes for claimants and defendants. If you find yourself faced with a complex commercial contract dispute that has reached an impasse, we can help.
Our skilled solicitors will provide the help and support you need in the following areas:
Breach of contract/warranty claims
Disputes involving company directors
Disputed interpretation of contractual terms
Disputes related to goods and services
Mortgage, loan and financial disputes
Commercial agency claims
Claims regarding misrepresentation
Asset recovery or defended debt claims
Small Claims involving businesses
From start to finish, we will do everything possible to keep your case out of the courts to ensure the fastest and most cost-effective resolution for your business. Please contact a member of the team at K&K Solicitors today for an obligation-free consultation.
Finance and Loan Agreements
Agreement for loan – terms
A loan agreement must clearly communicate all essential terms and conditions of the loan, accepted by both the lender and the borrower when the agreement is signed. The following terms will usually be included in a loan agreement:
This refers to any conditions or requirements that must be satisfied before the lender will release the funds to the borrower.
Interest is almost always payable on a loan and must be charged at a rate agreed by both parties when entering into the agreement. However, a loan agreement may state that the interest rate is flexible and can be altered at the discretion of the lender.
Repayment and pre-payment terms
Full details on how the loan should be repaid by the borrower and when, along with whether there is the option to make additional payments or to repay the balance in full at a date earlier than agreed.
Indemnity refers to the contractual obligation of one party to compensate another party for losses incurred. In the case of a loan agreement, this constitutes a promise on the part of the borrower to repay the lender in full in the event of a specific type of loss arising, such as a default on the loan.
Representations or warranties under part of the loan terms
Statements of current or past fact (or law) used to flush out information at the start of the transaction, in order to limit lending risk on the part of the lender.
Financial covenants in corporate loans
The purpose of financial covenants is to outline the parameters within which the borrower can run their company, including:
A full assessment of changes to the borrower’s financial or status
Monitoring the financial position of the borrower at regular intervals
Early indications of possible financial difficulties for the borrower
A means of enforcing financial discipline against a borrower
Events of default
The lender will not usually have the right to request full repayment of the loan earlier than initially agreed. Events of default provide the lender with the opportunity to make such a request under certain circumstances. Where event of default are included in a loan agreement, they will usually be negotiated extensively between the two parties and tailored in accordance with the preferences of both the lender and the borrower.
Security for lending
A secured loan (aka secured lending) is a loan wherein the funds provided by the lender are secured against the borrower’s assets – usually their home or a business property. This represents an insurance policy of sorts for the lender, who subsequently has the legal entitlement to repossess the applicant’s assets in the event of non-repayment.
Registering the charge at Companies House
It is possible for any business or private individual to register charges at Companies House, in order to secure a loan. If you would like to learn more about secure lending or have any questions about registering charges at Companies House, please contact a member of the team at K&K Solicitors for a consultation at your convenience.
Default under a loan agreement
A default occurs when the recipient of a loan is unable to repay it, in accordance with the terms and conditions set out in the loan agreement. When a borrower defaults on loan, the lender may begin formal proceedings to reclaim their debt, inclusive of additional interest charges and penalties where applicable.
Alternatives to loans
There are alternative options to loans available for investors interested in lending money to businesses, but concerned about the financial stability of viability of the company in question. If so, there are steps that can be taken to safeguard your capital and protect your interests.
Third party guarantee and indemnity
It is also possible for a third party to guarantee and indemnify lending. This is where a third party uses their own assets to guarantee the loan and promises to repay the balance if the primary borrower fails to do so.
Equitable charge over shares
The option of taking a charge over shares is another possibility, though one that is often overlooked. The charge can extend to any shares, whether they are in the director’s portfolio or the borrower’s portfolio. This may be a useful option for businesses with assets like commercial property.
A personal guarantee can enhance the security of a private lending agreement, just as long as the director of shareholder has personal assets that can be secured against.
Guide to the Different Types of Business Agreements
Entering into a partnership with another business or individual can be a profitable venture, but at the same time raises countless questions and concerns. To ensure your best interests are protected long-term, it may be advisable to draft and sign a partnership agreement to formalise the terms of your relationship.
At K&K Solicitors, we can provide the objective advice and support you need to make the most of your proposed partnership. With our help, you and your prospective partner will benefit from clear and concise information on the terms and conditions of the relationship, with emphasis on individual obligations, contributions, and entitlements.
Formalising the terms of your relationship at an early stage can protect you and your business from a wide variety of potential disputes and challenges, should the partnership hit turbulent times. Ensuring an agreement is in place provides essential legal protection and the peace of mind you need to focus on making your partnership a success.
Important elements that should be covered in your partnership agreement include the following among others:
The functions, objectives, and nature of the business
How much capital each partner will contribute
The right, responsibilities, and entitlements of those involved
Distribution of ownership including profit and loss sharing
How long the partnership will last
Details on how the partnership can be terminated
By formalising each of the above in advance as part of your partnership agreement, you can avoid complex and potentially costly legal distributes at a later date. Nobody enters into a partnership with failure in mind, but it is nonetheless important to protect yourself and your business from all possible eventualities.
If you would like to learn more about the potential benefits of partnership agreements or discuss the drafting of an agreement for a planned partnership, we are standing by to take your call. Contact a member of the team at K&K Solicitors today for an obligation-free consultation.
A shareholder agreement is put in place to provide clear yet comprehensive information about how a business operates, while detailing the responsibilities and rights of its shareholders. Such agreements are drafted and signed to ensure the fair treatment of shareholders, while making sure they are involved in any major decisions about the business.
Shareholder agreements should be drawn up, signed, and implemented at the commencement of business operations, in order to protect of the organisation and its shareholders in case of future disputes or disagreements. It is also an important way to make sure that the shareholder understands their entitlements and obligations from day one.
The document will detail extent to which changes can be made by the company with or without shareholders’ consent, along with what happens in the event of a shareholder’s death. Once shareholder agreements have been drawn up and signed, they cannot be amended or added to without the consent of the business and all of its shareholders.
Whether you need advice regarding a new shareholder agreement or have concerns regarding an existing agreement, the team at K&K Solicitors can help. From drawing up detailed shareholder agreements to managing disputes concerning agreements already in place, our experienced solicitors are standing by with the support you need.
Call anytime to book your obligation free consultation, or email K&K Solicitors and we will get back to you as soon as possible.
Joint Venture Agreements
The term ‘joint venture’ applies when two or more businesses or parties joined forces on a venture and share resources, effectively becoming one collective company. This is an entirely different type of merger to a partnership, given how there is no transfer of ownership. Joint ventures are popular among smaller businesses, who often come together to pool their resources in an attempt to outperform their competitors.
A joint venture can be fantastic option for adopting the ‘strength in numbers’ approach to business, pooling capital, expertise and resources for mutual benefit. It can allow businesses to attempt projects and initiatives that would normally be out of reach, minimising the risk of monetary loss in the event of failure.
However, joint venture agreements should only be entered into when all parties involved fully understand their entitlements and obligations. If you are considering a joint venture and would like to ensure your best interests are fully protected, book your obligation free consultation with the team at K&K Solicitors today.
Also referred to as “sole trader to limited company business transfer agreements”, transfer agreements are used to transfer a sole trader business to company status.
It is an essential agreement for sole traders looking to capitalise on the benefits of training as a company, which include the following among others:
Limited Liability status
Various tax advantages
The opportunity to appoint directors
A more convincing company image
The opportunity to sell shares
Even for relatively simple sole trader business, a transfer agreement can be complex to organise and formalise. At K&K Solicitors, we can provide the objective advice and support you need to determine whether transitioning from sole trader to company owner is appropriate for you.
Before making any major decisions regarding the status of future of your business, contact our experience legal team to discuss the options available to you.
If you need help with any commercial litigation or other business matters, please contact K&K Solicitors on 01707 244442 for an obligation-free consultation or click here Contact Us