Morgan Russell Solicitors

Company Commercial

Are you ready for the Olympics? (Extract from the June 2012 edition of Commercial Law News)

Before you make plans to start advertising take a moment to consider what you can and cannot do legally if you are not an official sponsor of the Games. The Olympics are a well-oiled machine when it comes to protecting their intellectual property and therefore you must be very careful before you start creating your own marketing strategy piggy-backing off the Olympics.

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Business Continuity

This briefing note sets out what the legal implications of business interruptions are and provides practical steps for consideration, particularly in light of the Olympic Games and Paralympic Games this year and other high profile matters.

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The Olympics - Legal Dos and Don'ts

We’re all excited that the Olympics will be coming to London this summer, and even more so that they will be coming to Surrey as the cycle route sweeps through. But what does this mean for your business and your marketing strategies?

Before you make plans to start advertising or using your own creative version of the logo, take a moment to read this briefing note to understand what you can and cannot do legally if you are not an official sponsor of the Games.

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A Guide to Director's Responsibilities

A          INTRODUCTION

1.         Company Administration

Company administration can be a time consuming nuisance for busy Directors.  However, it is an important part of managing a business and should not be neglected.  Officers of a company, namely its Directors and Secretary, if the company has one, can be held liable for offences under the Companies Acts plus a wide range of other legislation covering employment, data protection, public safety etc.  Failure promptly to answer correspondence and documentation from official bodies (e.g. the Registrar of Companies) could have serious repercussions.  For example if the Annual Return is not sent, the Registrar of Companies may assume that the company is no longer operating and remove its name from the register; resulting in the company no longer technically existing.  This means that its bank account and any other company assets are frozen and neither Directors nor shareholders can deal with the assets unless a Court Order is obtained restoring the company to the register.

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A Guide to the Role of Company Secretary

A          INTRODUCTION

In conjunction with this Guide please also see the separate Briefing Notes “A Guide to Director’s Responsibilities”, particularly section C thereof.

Private companies are no longer obliged to appoint a Company Secretary.  However, a company which does not have a Company Secretary is not subject to any lower administrative burden.  The requirements on the company will remain the same and the company will need to ensure that someone is assigned the responsibilities previously carried out by the Company Secretary.  Like directors, a Company Secretary is also an “officer” of the company. 

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Preparing a Company or Business for Sale

1.         INTRODUCTION

This article covers some of the key issues which need to be considered when selling a company or a business. People often say they are selling but do not know how the transaction is to be structured, e.g. by selling the shares in the company (a share sale) or by the company selling the business and assets of the business (an asset sale). From a due diligence viewpoint the issues are similar, save where indicated below.

In addition to this article, which gives an overview, please also see the separate notes “Asset Sale v Share Sale”, “Buying or Selling a Company”, “Buying or Selling a Business” and “Advantages of using Heads of Terms".

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Consumer Protection Legislation

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

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Discrimination in the Provision of Goods and Services

This briefing note sets out the duties your business owes to members of the public when you provide them with goods, services or facilities. Since 1st 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 your business should consider when dealing with personal data about: 

  • Customers.
  • Suppliers.
  • Employees.
  • Any other individual who you may encounter in the course of business.

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Data Protection and Direct Marketing - Update

This briefing note highlights the key data protection issues your business should consider when carrying out direct marketing. It explains how your business should collect information about your customers (including individual customers, named individuals within a business and businesses themselves) and how to communicate information about your products and services to existing and potential customers.

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