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Company Law

Beltrami and Co Solicitors has many years of representing and protecting the interests of small business owners and shareholders. Our lawyers understand the pressures small businesses face in trading in a tough economic environment, whilst at the same time having to navigate the difficult and increasingly complex terrain of company and commercial law.

In this highly regulated and often burdensome regulatory environment Beltrami and Co Solicitors can help you make sense of the legal requirement and jargon associated with running a small business.

Beltrami and Co Solicitors can help you with incorporation and Companies House registration.

We can advise young entrepreneurs or people who want to become self-employed and fulfil their dream of starting up a business as to what the right company formation is for you, and what suits your business needs best. For instance, we can advise on whether your company should be:

Registered by shares, registered by guarantee or registered with limited or unlimited liability, or alternatively whether it would be best to acquire an ‘off the shelf company.’ We can also advise you about the registration requirements of Companies House.

We can help you understand the principle of separate legal personality and what this means for you and your business, when contracting with other entities, taking on other directors or shareholders, and importantly when things go wrong. For instance, in relation to Proceeds of Crime legislation, contractual/tax disputes, vicarious liability or employment matters.

Beltrami and Co Solicitors can help you with your company’s constitution and articles of association.

We can advise you on your company’s constitution and articles of association. We can advise on matters relating to the contractual effect of the articles, the alteration of the articles, class rights and shareholder agreements, amongst other things. We can help you draft your company’s constitution in a way which best suits you and your business needs. 

Beltrami and Co Solicitors can help you with small business funding.

We understand that in this tough economic climate funding for businesses, essential for business growth, is more and more difficult. We can advise you on fixed charges, floating charges, registration charges and debentures.

Beltrami and Co Solicitors can help you with Director’s duties.

We can advise you on the role of a Director, corporate governance and director’s duties. For instance, appointment and termination of directors, contracts of service.

The law relating to directing duties is complex and is governed by the Companies Act 2006. We can advise you on many of the issues facing directors, but here are some of the most important duties;

  • s.171 Duty to act within powers
  • s.172 Duty to promote the success of the company
  • s.173 Duty to exercise independent judgment
  • s.177 Duty to declare an interest in a proposed transaction with the company
  • s.174 Duty to exercise reasonable care, skill and diligence
  • s.175 Duty to avoid conflicts of interest
  • s.176 Duty not to accept benefits from third parties
  • s.177 Duty to declare an interest in a proposed transaction with the company.

We can advise you of the penalties and repercussions associated with breaches of director’s duties and also how to stop any breach from happening in the first place.

Beltrami and Co Solicitors can help you with company failure and liquidation.

No small business owner ever wants to end up in this situation, but if it does happen: Beltrami and Co Solicitors can help you. We can advise you on the legal framework such as navigating the Insolvency Act 1986, and Insolvency Act 2000 as well as the Enterprise Act 2002. We can advise you on the best way of ‘winding up’ your business, whether it should be members voluntary or creditors voluntary winding up, and what a compulsory winding up means for you and your business. For instance the process for liquidation and the appointment of a liquidator.

We can advise you on ‘rescue procedures’ such as taking the business into administration or pre-pack administration. We can advise you on the appointment of a receiver or on the orderly dissolution of your company.

Company Law Solicitors Glasgow

Beltrami & Co solicitors can advise on many aspects of company law which apply to your business. Please contact us today using our online enquiry form. 

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