Buying and Selling a Business

Birkett Long seals the deal in acquisition for client

Essex law firm Birkett Long has sealed the deal in overseeing the share purchase of two travel firms by Inntel, the meetings, accommodation and travel management experts.  It was Stephanie Newman, 27, a solicitor in Birkett Long’s Commercial and...

Care home purchase

Birkett Long acted for long-term clients Healthcare Homes Group Limited, in relation to recent acquisitions assisting with the purchase of the business and assets of Malthouse Care Home and separately the business and assets of Park House Care Home. Birkett...

Certificates of title

Birkett Long were requested to provide certificates of title for 24 freehold properties owned by a long-term client. We used the strength and breadth of our Real Estate Team and the Corporate Team to deal with the high level of work involved, assisted by...

Franchise experts

Birkett Long act for a highly acquisitive client, undertaking multiple purchases of franchise outlets across the UK, ranging from 3 or 4 outlets at a time; in some instances liaising with Scottish lawyers to deal with Scottish real estate aspects. The...

Partnership retirement and restructuring

Birkett Long acted for the Partners of a GP Practice and their Bank (in connection with the financial arrangements) in relation to the retirement of a Partner. The work involved restructuring the GPs loans to newly appointed and continuing Partners who run...

Asset purchases with long-term interests

Birkett Long acted on behalf of a partner selling their interest in a farming partnership. The transaction involves complex tax planning arrangements to ensure the protection of entrepreneur’s relief for both the outgoing and the continuing partner....

Capital introduction

Birkett Long assisted a new partner joining a veterinary partnership with the arrangement for their introduction of capital to buy out an outgoing partner and acquire a share in the practice. Tracey Dickens, a Partner specialising in professional...

Healthcare share sales

Birkett Long acted for the Seller in the sale of a large nursing care home. This transaction involved detailed due diligence and the consideration and negotiation of detailed warranties. The business operated to very high standards, resulting in the Seller...

Myth busting - the elusive statutory book and stock transfer form

Some clients have received advice that statutory books are not required for private companies and stock transfer forms (“STF”) are a thing of the past… however, this simply isn’t true! Statutory books can be hard copy or...

Sales and international affairs

Birkett long acts for a number of multinational corporations providing assistance on cross border work. For example we advised two multinational corporations, both headquartered in France, on legal aspects of their UK businesses in the automotive and...

Forced out of business?

In October 2014, Mr C, a distressed director, sought advice from Birkett Long LLP in relation to his duties and the future of his company.  The scenario he painted was not a happy one - a large national competitor, which had deep pockets and was willing...

The hidden cost of sales agents

We live in a global market place and manufacturers need to export to help them grow.  One way to do this is by appointing a sales agent overseas, so that the manufacturer does not have to have its own people on the ground.  The agent finds...

Actions speak louder than words

In the nine month period to 30 September 2014 we completed on the sale of nine care homes in the East Anglia area.  Our statistics clearly show that the market has improved, illustrated by the number of viewings, offers and deals that have been agreed...

Moving: an opportunity to protect or utilise key assets?

When you relocate your business you might also consider taking the opportunity to ring-fence key assets in order to protect them from your trading activities. You can do this easily in relation to any new freehold property by setting up a subsidiary...

Simarco expands uk operations with aquisition of IFB

Simarco, one of the UK’s leading independent freight firms, has announced the completion of a deal to buy the Staffordshire-based operator, IFB, for an undisclosed sum. The deal is the latest stage in an expansion which has already seen Simarco grow...

Buying and selling your business

Confidence has returned and local businesses are proving to be prime targets for purchasers who are ready to invest. Transactions, whether sale or purchase, have been continuous for the last 12 months. Buying From a legal perspective, when purchasing a...

Collect your debts and maximise your price

If you are considering selling your business you will be keen to maximise its value and the sale price that it will ultimately achieve. One factor that can have a significant impact on the price that a purchaser is willing to pay for a business is the...

Employment essentials before you sell

The sale of a business is likely to be subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006, known as TUPE. If TUPE applies, the buyer in most cases acquires all of the employees employed in the business at the time of the...

Property matters!

Every business operates out of a property – whether a spare bedroom or enormous sites scattered across the globe.  However, for perfectly understandable reasons, those running many businesses concentrate on the business and overlook the premises...

Red7Marine Investment

Birkett Long LLP acted for Red7Marine Group Limited and its shareholders on the sale of an interest in the Group to Perwyn, which is concomitant with a substantial injection of new capital to enable Red7Marine to acquire additional assets to service its...

Sale of Seatrade Communications Limited

Birkett Long acted for executive chairman and owner Chris Hayman on the sale of Seatrade Communications Limited, a brand leader in the global business to business maritime industries, to UBM, owner and organiser of Cruise Shipping Miami, Marintec China, Sea...

Major freight deal with Simarco

Birkett Long has advised on a deal involving one of the UK’s leading independent freight firms, Simarco, buying the Staffordshire-based freight operator IFB for an undisclosed sum. The team of solicitors was led by David Wisbey, a partner in the...

Birkett Long helps sell established lettings agencies

Birkett Long LLP acted for Jeremy Goddard and the other shareholders of 3 separate companies operating as lettings agencies under the “Goddard” brand in relation to the sale of each company to Leaders Limited. Jeremy remains interested in estate...

A quick guide to franchising

Franchising is the practice of a successful business expanding by allowing others to use its business model and brand, in return for the payment of a fee.  For the franchisor, it permits a quicker means of growth than organic growth, which requires...

Do you know who really owns your company shares?

If not, you may soon have to find out... The British Government issued a range of proposals in the summer to enhance the transparency of UK company ownership and increase trust in UK business*. One of the key proposals is the introduction of new rules...

Succession in farming families

Succession planning is arguably the single most important topic for a farming family and its advisers.  Succession issues underpin most decisions outside the annual cropping and production. Many farming families have farmed for two or more generations...

The proposed Common European Sales Law (CESL)

In October 2011 the European Commission proposed regulation on a common European sales law. Since then the proposals have been the subject of a House of Commons challenge and a consultation which sought views from UK interests on the CESL proposal and...

Employee or shareholder

The Coalition Government has taken to the idea of making us a nation that holds shares in our employers.  How likely is it that a major change will happen? George Osborne announced a scheme to the Conservative Party Conference by which staff will agree...

You Are What You Eat - and soon manufacturers will have to tell you exactly what that is

Most pre-packed foods in this country are already well labelled with ingredients, allergy information, traffic light systems etc. However, the EU is introducing new Regulations to try and consolidate and simplify existing UK food labelling laws. The...

Buying a business? Transferring employees should not become "Smiling Pensioners"

Whether the parties want them to or not, when a business is sold the employees of the business may also automatically transfer to the buyer because of the Transfer of Undertaking (Protection of Employment) Regulations 2006, sometimes referred to as...

First Bribery Act Sentence

The first person to be convicted under the recent Bribery Act was a 22 year old court clerk from Dagenham. Munir Yakub Patel worked at Redbridge Magistrates Court and was filmed by The Sun accepting £500 in return for not entering details of a traffic...

Care homes represent a viable investment opportunity post-recession

It is well known that the care home industry has endured a turbulent few years as a result of the worldwide economic downturn.  Purchases and sales have reduced as funding has become more difficult to obtain, while local authorities have been squeezing...

Birkett Long helps Romford firm join Global Group

Birkett Long, the leading Essex law firm, has advised Fallow International Freight Limited, a freight forwarding specialist based in Romford, Essex, on the sale of a strategic stake in the business to CWT Globelink Pte Limited, the freight logistics arm of...

When the going gets tough, the tough get restructuring

Tougher economic environments often see a greater amount of restructuring within businesses, including a demerger. There are a number of reasons why a company may want to demerge: - to unlock shareholder value (sometimes enabling an exit by one party); - to...

Insolvency Reforms

Shortly before Christmas 2011, the Insolvency Service published some proposals to reform bankruptcy and company winding-up processes – essentially to simplify those processes, particularly in the case of non-contested petitions. The proposals include:...

Your business property. It does not have to cost the earth

David Rayner, partner from Birkett Long’s Commercial Property Team discusses the “big themes” that are likely to affect commercial premises during 2012. From the perspective of both landlords/investors on the one hand and tenants/occupiers...

Directors' duties - what are they?

It does not matter if you are the director of a small family business or a large national company; you still have to comply with the Companies Act 2006 (the Act) in relation to your duties as a director. The key duties that a director must comply with are...

Government plans to modernise intellectual property law

At the end of 2010, the Government commissioned an independent review into how the Intellectual Property system could better support and drive business growth. The review was published in May 2011 and made ten recommendations. Among the recommendations were...

Copyright - is your business adequately protected?

Copyright protection rewards authors for the creation of original works. Copyright is intended to protect the method of expressing ideas, and not the actual ideas themselves. “Works” are considered under the main headings of: literary works...

Maternity provisions in Partnership Agreements

An ‘employee’ is provided with a statutory right to maternity leave, however, the same cannot be said for partners.  There is some legal protection provided for pregnant partners, as the Equality Act 2010 seeks to ensure they do not suffer...

Assisting the regions SME power houses

It is an unquestionable fact that the revival of the UK economy will be dependent upon the success of our SMEs.  East Anglia boasts a higher percentage of SME businesses than other parts of the country, and the lawyers at Birkett Long LLP have been...

Birkett Long helps bring investment to Essex business

Leading Essex law firm Birkett Long LLP has advised a major industrial group on a new investment in a business based in South Essex. David Wisbey, corporate finance lawyer and Birkett Long’s Chairman, led the team that advised Valeo on the acquisition...

Inheritance Tax, the implications for business transactions

A recent professional negligence case involving law firm Mills & Reeve has highlighted the importance of ensuring clients are fully advised on the tax consequences of their business transaction. The case hinged on the tax implications of a management...

Expanding your business with Birkett Long

Confidence is returning, albeit it slowly, but signs are that more businesses are considering their futures. Recent studies have found that over 75% of businesses are now focused on expansion and more than half of all businesses are expected to grow and...

Who runs the shop when you cannot?

Running your own business comes with great advantages but also with responsibility and risk.  You are likely to be directly responsible for your family’s income and, if you have employees, the income of others.  Of course there are many ways...

If only...I'd adopted a shareholders' agreement

Partnerships are easy to get out of and unravel, so you can have your investment back - even if there is no agreement, you can simply give notice to terminate the partnership, at which point you can have what you are entitled to of the partnership’s...

Life in the international team

Although Birkett Long is based in Essex and is proud of its roots in the county, we act for clients locally, nationally and internationally. For that reason we have an international team, made up of lawyers experienced in working on cross border matters,...

Thursday Cottage add Jules & Sharpie brand to its product range

Thursday Cottage Limited, part of the Wilkins & Son group, have completed the acquisition of the business and brand of Jules & Sharpie, bringing hot pepper jellies and similar products in to its range of products. Thursday Cottage is dedicated to...

MDS Civil Engineering Limited - Share Sale

Birkett Long LLP acted for Roy Marfleet on the sale of the shares of MDS Civil Engineering Limited, which resulted in Marfleet Holdings Limited, a new holding company, owning shares in MDS and the other major shareholder being bought out. Tracey Dickens, a...

Changing your business horizon

At some stage we are all going to retire from our businesses, so it makes sense to plan that day rather than leave it to fate. Pre-planning allows business owners to capitalise on their hard work, whether by receiving a payment for the business or ensuring...

The Bribery Act - Time to prepare?

The Bribery Act 2010 creates a new offence which can be committed by commercial organisations which fail to prevent persons associated with them from committing bribery on their behalf. It means that an employer can be guilty of the offence, even if it did...

Drain Doctor Franchise

Birkett Long LLP acted for Craig and Pauline Wilson on the sale of their Drain Doctor franchise based in Harlow. Tracey Dickens assisted with the sale, which as with most franchises involved negotiations with the franchisor in addition to the purchaser. ...

Snappy Snaps Franchise

Birkett Long LLP acted for Jayne Kennedy on the sale of the Franchise and related business of the Ipswich Snappy Snaps store. Tracey Dickens assisted with the Franchise and business sale and Melanie Yates assisted with the associated lease transfer...

Haven Seaway Limited (Red7Marine Group)

Birkett Long LLP acted for Haven Seaway Limited on the purchase of diving plant and equipment from Aquanos Limited. The equipment will bolster Red7Marine’s diving operation and ensures it has the means to deal with larger contracts. The matter was...

Here come the girls! Alexandra Rose Estates franchise launches

Birkett Long LLP assisted and advised Alexandra Rose Estates Limited in relation to its new innovative franchise, which taps in to a female led approach to selling homes of distinction. Tracey Dickens, Partner and head of the Commercial and Corporate...

Sale of local care home

Reverend Graham Edwards was recommended to use Birkett Long as his solicitors at the outset of the sale of his care homes by the agents, whom he asked for a recommendation. Reverend Edwards commented "this turned out to be the wisest...

5 MBO's in 12 days

Birkett Long turned around five separate management buy-outs in just 12 days, securing jobs and continuity of service for a national accountancy group. Vantis plc and HLB Vantis Audit plc went into administration on June 29, putting jobs at risk and...

Education business sale

Birkett Long LLP acted for Jo and Simon Marchant on the sale of their education and tutoring business to a new company set up for the purposes of the purchase. Simon and Jo were keen to ensure the business went to the right buyer and after negotiations with...

Successful Local Garage is Sold

Birkett Long LLP acted for John and Linda Austin on the sale of the business and assets of John Austin VW and Audi Specialists (a partnership). The team at Birkett Long was led by David Cammack, a Partner in the Commercial and Corporate Finance Team. He...

Ability expand their Acclaim Driving Academy by franchising their business

Tracey Dickens, a Partner and one of Birkett Long LLP's franchising specialists, assisted Ability Driving Academy Limited with the preparation of their Master Regional Franchise and Franchise Agreements for their new franchise business, trading...

Essex solicitors secure five management buy-out deals in 12 days

Essex solicitors Birkett Long turned around five separate management buy-outs in just 12 days, securing jobs and continuity of service for a national accountancy group. Vantis plc and HLB Vantis Audit plc went into administration on June 29, putting jobs...

The Risks of Commencing a Contract Before it is Signed

Entering into and negotiating contracts can be a long and detailed process. Disagreements over what should or should not be included are common, with each party seeking to protect their position and level of liability. It is not surprising that on occasion...

Who Runs the Shop When you Cannot?

Author: Claire Read Owners of small businesses have many benefits over their colleagues in large organisations – they determine the destiny of their business, structure it as they see fit and create the environment in which they feel comfortable....

Kraft deal 'too sweet' for Cadbury to resist

American food retailer Kraft has finally purchased Britain’s leading chocolate company, Cadbury, for a reported £12bn, marking the end of drawn out negotiations and Britain’s largest commercial takeover since the onset of the recession. ...

Entrepreneurs - Your recession needs you!

Entrepreneurs are more likely to lead the country out of recession than the Government, according to research by The Entrepreneurs Board. The business networking organisation found that 28% of the 2,000 people surveyed felt that entrepreneurs and business...

Essex law firm advises Co-operative Society in deal that secures jobs

Leading Essex law firm Birkett Long were the lead legal advisor to the East of England Co-operative Society in the recent sale of its non-food retail business, which safeguarded the jobs of 350 staff across the region. Tracey Dickens, head of Birkett...