LEGAL SERVICES FOR YOUR BUSINESS January 2025 | AshtonsLegal.co.uk
Business Law Insights
In our latest business law update, you can find insights from our commercial law teams on the following issues:
Corporate & Commercial
Commercial Property
Employment
Owner Managed & Family Business
Debt Recovery
Agriculture & Estates
Ashtons Legal News
Ashtons Legal expands insolvency offering with the appointment of a new partner
Ashtons Legal is delighted to announce the appointment of Laura Hook, a new partner in the firm’s Insolvency and Corporate Restructuring team.
Laura will be based in the Cambridge office and will add further expertise to the dedicated insolvency specialists at Ashtons, who are widely known for their technical knowledge and responsive advice. The team is supported by corporate, property, employment and litigation lawyers who also provide specialist advice to clients facing insolvency-related challenges.
Laura is recognised in the Legal 500 as being “responsive, easy to work with and highly professional”. Laura is also a valuable member of the R3 Personal Insolvency Committee, assisting R3 with all aspects of policy development and progress relating to the Personal Insolvency framework.
Corporate & Commercial
Guide to understanding Articles of Association
All private (and public companies) in the UK that are registered at Companies House are legally required by the Companies Act 2006 (CA 06) to have a set of Articles of Association (Articles). The Articles of Association of a company defines its purpose and states the regulations that will govern it.
Articles are critical when it comes to governing a business. They can be considered as a contract between the company and its shareholders, directors and company secretary (if they have one).
The Articles of a company can be found online under the ‘filing history’ tab of a company’s record at Companies House online.
What are Model Articles?
Model Articles of Association are a set of standard default rules and regulations for the internal management and operation of a company (Model Articles). They effectively deal with the day-to-day running of a company and how it’s governed.
Companies can choose to adopt the standard Articles, which are Model Articles or draft their own Articles to suit their need. Bespoke Articles are often based on the Model Articles.
Commercial Property
Sustainable Building Trends in Commercial Leases
As we embark on a new year, the growing need for sustainability will be a key point of consideration in the commercial leasehold market. We will see a continuing shift towards sustainability considerations taking centre stage in government regulations, as well as in the drafting of commercial leases.
In larger cities and regional hubs like London and Cambridge, landlords are committing to net-zero goals, which in turn is impacting their tenants. To this end, sustainability clauses are now commonly being drafted in commercial leases as a way for landlords to manage or control their tenants’ use of the property.
Why is sustainability being considered by landlords and tenants?
There are a number of benefits that can be seen from sustainability-focused leases being more commonplace across the UK property market. The general consensus is that this shift will allow the commercial property sector to contribute to the UK’s broader sustainability targets.
The shift in sustainability considerations in commercial leases emphasises a growing number of regulatory requirements put on landlords by the government. These requirements demonstrate some of the practical ways in which landlords and tenants can contribute to the country’s efficiency targets.
Employment
The UK moves to an eVisa System
From 1 January 2025, the UK moved to a new Electronic Visa (eVisa) system from the traditional paper-based visas. Designed to streamline the visa application process and improve border security, this digital transition marks a significant step forward in the modernisation of the UK’s immigration services. It will have an impact on all those who require proof of immigration status, such as employers, landlords and agents.
eVisas and their benefits
An eVisa is a digital visa linked electronically to the passport of the applicant. Unlike traditional visas, there is no physical document or stamp; instead, all information is stored securely online. Travellers will apply through an online portal, providing their details and required documentation digitally. Once approved, the eVisa is connected to the applicant’s passport, enabling seamless verification by immigration officers upon arrival.
Airline carriers, ferry and international train operators will be able to automatically access the immigration status of their passengers when they present their travel documents.
Owner Managed & Family Businesses
Five top tips when preparing company directors Service Agreements
Ashtons Head of Employment Law, Ross Strowger, gives his five top tips when preparing company directors’ Service Agreements.
- Know your director (and your company!)
- Raise awareness – Companies Act 2006
- Look after the family silver – business protection and confidential information
- Indemnity protection – directors and officers (D&O) insurance
- Prepare for the end at the beginning; notice and termination provisions.
Debt Recovery
The debt recovery process
At Ashtons Legal, we understand the impact a debt may have when it comes to cash flow and the uncertainty that arises when unpaid debts are still outstanding.
This is why we have an expert, dedicated debt recovery team offering a personal service to recover debts promptly and efficiently at minimal costs to you.
What is the debt recovery process?
- Step 1 – Letter before action
- Step 2 – Court proceedings or statutory demand
- Step 3 – Enforcement.
We specialise in collecting a wide variety of debts, including both individual and commercial debts. We offer a fixed-fee debt recovery service, giving you confidence and cost certainty.
Agriculture & Estates
Top tips for preparing for a sale of agricultural land
Farmers are increasingly deciding to sell their farms for a variety of reasons. They may wish to retire, and their children do not necessarily wish to follow on in the family profession, or they may wish to sell their farm to a developer.
However, there are a number of issues from a land law perspective which can affect the sale of farm and should be considered in advance of a buyer being secured to avoid unnecessary delays to the sale.
The below is a non-exhaustive list of points which should be considered before marketing a farm for sale:
- Covenants – which stipulate what you cannot do and what you are obligated to do in relation to your farm. An example could be a restrictive covenant which prevents development on your farm, which would cause issues if you were intending to sell to a developer for development purposes. You would need to contact the party which benefits from the covenant and request they release you from the covenant so development could take place and the sale proceed.
- Easements – rights that could benefit or burden your farm, as well as having a full understanding of what easements benefit and burden the farm.
- Restrictions – the title of your farm might be subject to a third-party restriction which prevents the sale of your farm proceeding without the consent of the third party. we would recommend contacting the third party in advance of a sale to ascertain their requirements for providing consent to the sale to avoid causing delays.
Please remember that Ashtons Legal is available to assist you and your business with their full range of business, individual and injury law services including commercial and residential property, corporate advice, dispute resolution, family law, estate planning, personal injury and medical negligence.
We Can Help You
For specific advice for your business, please get in touch with us by calling 0330 404 or email enquiry@ashtonslegal.co.uk.
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