Morgan Russell Solicitors

Company Commercial

Franchising: Franchiser's Perspective

This briefing note explains what a franchise is and highlights the advantages and disadvantages of franchising a business from the franchisor's perspective. 

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Standard Terms and Conditions

This briefing note highlights some of the advantages and disadvantages of using standard terms and also sets out how standard terms can be incorporated effectively.

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Consumer Protection

This briefing note sets out how a business can comply with its obligations under consumer protection legislation.

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Discrimination in the Provision of Goods and Services

This checklist sets out the duties your business owes to members of the public when you provide them with goods, services or facilities. Since 1 October 2010, these rules are set out in the Equality Act 2010. 

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Data Protection

This briefing note highlights the key legal obligations a business should consider when dealing with personal data about customers, suppliers, employees and any other individual who may be encountered during the course of business.

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COMMERCIAL LAW NEWS - APRIL 2013

1.         New Regulations on Late Payment of Commercial Debts; in force from 16th March 2013
2.         Proper execution of company documents
3.         “Liquidated Damages” v “Penalties: meaning and effects of the differences
4.         Disclosure implications of the so called “audit” clauses
5.         New guidance on liability of non-executive directors 
6.         Director in contempt of court for failing to comply with injunction

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Commercial Law News - October 2012

  1. Companies Act fines increase
  2. Providing goods or services?  Age discrimination ban took effect  on 1 October 2012
  3. Limitation of liability cap stuck down
  4. Contract negotiations
  5. Beware: an email chain can create an enforceable guarantee

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Corporate Manslaughter

Update R v Lion Steel Equipment Ltd (20 July 2012):

In 2011 a steel company (Lion Steel Equipment Ltd) was charged with corporate manslaughter following the death of an employee in May 2008 and a lengthy investigation.  Following the guilty plea, in July 2012 the company was sentenced to a fine of £480,000 to be paid in instalments over four years and ordered to pay the prosecution costs of £84,000 within two years.   This is only the third conviction under the Corporate Homicide Act 2007. 

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Companies Act 2006 - Board Minutes

A company’s articles normally contain provisions regarding board minutes, either expressly or by reference to keeping written records of decisions taken.  As one of the directors’ duties under the Companies Act 2006 is to act in accordance with the company’s constitution, each director should be aware of the provisions of the articles of the company. 

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Company records which must be kept

Company Records are defined in the Companies Act 2006 as being any register, index, accounting records, agreement, memorandum, minutes or other document required by the Companies Acts to be kept by a company and any register kept by a company of its debenture holders.  They may be kept in electronic or hard copy form.  Failure to keep the required records is an offence.

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