Business Law

by Kilpatrick+Walker, Ayrshire's Legal Experts

Business Start-ups

If you are setting up in new premises, we can advise you on the conditions of your purchase, or, make sure that your new lease is as tenant-friendly as possible. Our specialist advice allows you to concentrate on what is important to you, your new business venture.

Making the decision to start your own business can be exciting and daunting at the same time. We provide sound advice on everything you need to get your new business up and running quickly and efficiently.

Once you’ve decided on what your new business will be, the next important decision is what structure your new business will take. We can help you decide on what structure is right for you, whether it’s registering your new Limited Company or tailoring a Partnership Agreement to suit the specifics of your situation. It’s important to get qualified advice from the right people.

Buying or Selling a Business

The decision to buy or sell a business can be a difficult one, whatever the circumstances might be. The process is complex, but, we aim to keep our advice as straightforward as possible. We regularly advise on all types of business purchases and sales, guiding clients through all stages and working closely with their other advisors, including Accountants and Surveyors.

Our expert advice covers all elements of the transaction, from initial valuation and Heads of Terms, the complex due diligence process, right through to the purchase and sale of shares, or, company assets, such as commercial property.

Your transaction will be prioritised at the highest level and our Partners will keep you regularly updated on progress. Let the benefit of our experience make the purchase or sale of your business as stress free as possible.

Employment Law

Our advice allows you to concentrate on what is important to you, the smooth running of your day to day business.

Employment Law is a particularly complex area. We are specifically focussed on providing advice to Employers. Helping to ensure that you are certain about your obligations as an employer, and, advising on the appropriate procedures to follow should any issues arise.

We can assist with all aspects of Employment Law, including Contracts of Employment, Procedures and Policies, Settlement Agreements, Redundancies and preparation for Employment Tribunal Claims.

Commercial Property

K+W can assist clients with the purchase and sale of all manner of commercial properties including, retail outlets, office spaces and industrial units. We also advise on more complex transactions involving Licensed Premises, Post Offices and Pharmacies for example.

Our Partners assist in all elements of commercial transactions from the agreement of Heads of Terms to the negotiation of complex missives, and the review of, often complicated, title deeds.

We ensure that you are fully aware of all conditions of your purchase or sale, including obligations in respect of Licensing applications, Planning Conditions and Site Investigations.

Commercial Leasing

For Landlords we will ensure that the provisions for rent review, repairs and irritancy are clearly laid out.

Commercial leasing is complex, but a carefully drafted and negotiated Commercial Lease protects the interests of both Landlord and Tenant alike.

K+W are experienced in commercial leasing. Whether advising Landlord or Tenant, it is our priority to make sure your best interests are protected.

We provide specific advice on drafting, negotiating and assigning leases. Regularly handling extensions and renewals of existing leases and also covering the termination of leases, dilapidations and rent reviews.

When acting for Tenants, we will negotiate your lease so that its terms are as tenant friendly as possible, providing you with a comprehensive report so that you are clear about your specific obligations and responsibilities.

Licensing

The main piece of legislation which controls the sale of alcohol in Scotland is the Licensing (Scotland) Act 2005. We are experienced in all aspects of Licensing work, regularly advising on the purchase or sale of Licensed Premises, the purchase of a business where the sale of alcohol is essential, and, the renewal or variation of existing Licences.

The rules, procedures and timescales when submitting Licensing applications can be confusing, and, having to contact Licensing Departments or appearing before the Local Authority Licensing Board can be daunting.  Our experienced Partners are committed to guiding clients through the pit-falls of Licensing with a minimum of fuss.

Charities and Social Enterprise Organisations

K+W are proud to represent a large number of local Charities and Social Enterprise organisations and are vastly experienced in the area of charity law. John Walker is the Chair of the Charity Tribunal, an organisation set up to hear complaints against the governing body, the Charity Commission.

The law governing Charities has changed significantly in recent years, and the regulatory bodies are increasingly becoming involved in the day to day running of charity businesses. We are experienced in helping our clients be fully compliant.

We regularly advise on a range of areas including the important initial decisions of whether to apply for charitable status or trade as a social enterprise organisation.

Thereafter we can assist with formation of the charity or organisation, including the powers and duties of the trustees and issues surrounding employment of staff.

With our assistance our charity and social enterprise clients can focus on what is important to them, continuing to do the good that they do.