I make informative videos about business law and business acquisitions because I believe that every business owner, regardless of their size, deserves access to quality legal information.
Thanks for your comment, Robert. Fair point! If accounting for bias, a success fee may encourage the solicitor to do more to get the deal across the line. On the other hand, a solicitor *should* do the job they agreed to do in the same way - regardless of whether there is a success fee or not.
Hi, i have an unpaid invoice issue with a woman that owns a property i did work in, its previously used as a rented property but her daughter & son-in-law live in it at present, can i send a letter of action to this address even if she lives at another property, as i dont have her address, the quotes & invoice is addressed to her at the "rented" address
Hi there, Thanks for your comment. Unfortunately I don't specialise in litigation, so I won't be able to advise (apologies!). Two things: 1. Serving on last known address (the rented property) can be a valid way to serve letters. This is especially the case if you and the client often exchanged communications using that address. 2. Have you tried accessing the rented property's title deeds from the UK Land Registry? The Proprietor Register should show her full name and residential address. Alternatively, you can also deliver by hand directly to the client.
P.s.: you may also want to simply ask the client for their address. If they are unwilling to tell you their address, inform them that you will send it to the last known - the rented property. This should all be in writing and ideally via a medium that evidences whether the client read your communications.
Oh and yes if there are contradictions but the SHA Has a supremacy clause.. What then ? ; also if SHA is under contract law, is Articles under some sort or statute? thanks so much your videos are interesting.
Hi Robert, Thanks for your comment. If there is a supremacy clause, then likely the SHA overrides the articles. The Articles are largely governed by the Companies Act - therefore statute. For example, (1) a very specific procedure needs to be followed when amending the articles, and (2) certain alterations require further attention under the Companies Act. Watch this video to learn more ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-i5Vigyl28XM.html.
@@malcolmzoppi I see. so if the Articles are breached, are the remedies different ? I.e. you can compel the company to reverse any action. whereas perhaps if the SHA is breached, nothing can be done without demonstration of damages? It would be interesting to know the statute and available remedies on Articles breaches
@@roberts8783 Thanks for your comment. it depends on the breach. for example, if the articles require the directors to follow a specific procedure and that procedure is not followed, then yes - a remedy could be to reverse any decision made that did not comply with the articles. although, the same could be said about the shareholders' agreement: if the shareholders' agreement requires ALL shareholders to be in favour of a decision, but the decision is passed by a simple majority, then it may be possible to reverse that decision also. on the other hand, both the articles and the shareholders' agreement could put a positive obligation on the shareholders to not compete with the company. if this is breached, then the company or a shareholder could sue the breaching shareholder claiming the damages caused by the prohibited competition.
thanks. Nice video. would you like to add any comments, as to whether the SHA can contradict the Articles or only complement or add to ? I understand the company is bound by law to comply with Articles, and the SHA is slightly different being managed as Contract Law. E.g. unless parties to the SHA can demonstrate damages are sustained, there may not be a remedy?
Hi Robert, Thanks for your message. The SHA can contradict the Articles, and if there is a supremacy clause then the SHA will likely override the articles. If that is the case, ideally you would amend the Articles to be in line with the SHA. Watch this video to learn how ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-MgqmJFCP0ks.html. Remedies for breaches of the SHA are usually sought as breach of contract remedies.
Hey thanks so much for the video. I wanted a bit more information on how to inform the home office ? Is adding the new shareholder as PSC with 50% shares automatically makes the two of you equal shareholders / directors ? Thanks
Hi there, Thanks for your comment. Are you referring to updating Companies House (rather than the Home Office)? If yes, this will may be done via the WebFiling account using the company's authentication code. Being a PSC does not automatically make the person a director. A shareholder is a part-owner of the company, whilst a director is like a representative of the company. If wanting the PSC to also be a director, they will need to be actively appointed as directors by submitting form AP01 (if the PSC is an individual) or AP02 (if the PSC is an LTD).
Helpful information. in what circumstances can the SHA override the articles? e.g. if it defines additional restrictions on board decisions that must go to a vote?
Thanks for your comment, Robert. It’s unusual for the SHA to override the articles. Are you referring to a conflict between the two documents whereby there are contradictions?
P.s.: this video answers that question exactly Does a Shareholders Agreement Override Articles | Solicitor Explains ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-znw5WvKY68c.html
@@malcolmzoppi Yes. made a comment on your other video. Happy to get in touch but also maybe making comments and liking your video also helps your channel 😊
Absolute pleasure! Thanks for your kind comment. What did you find most useful? What could have been improved? Your feedback is going to really help me with my next videos 🙌
@@malcolmzoppi I found your explanation of the process very easy to understand. The documents you provided are also really good with the ‘to do’ list. You just made sense in an efficient way! Thank you.
Yes.....I looked at model articles of ass. but I started to asj myself if these provided by gov.uk are good for the start or if it is better to get somebody external to help or create the articles for me. Thank you for given information.......and time of yours.
@@knightatthecrossroads222 I completely agree - the model articles are just that: model templates. As each company is different, you may need different variations to be made. What does your company do? P.s.: make sure to watch this video if you intend on altering your articles! ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-MgqmJFCP0ks.html
@@malcolmzoppi I'm half way through, had a similar experience with visa applications, lawyers charging people extortionate prices for something you can do yourself (using online resources)
@@malcolmzoppi To be honest i had no idea how share buy back works and i had to work on it in office today. So yesterday at night i watched your video and that gave me clarity and steps. You could have told more about the content of the agreement and board resolution Thanks again
Hi Malcolm, thank for the video I found it very helpful. Can I send a second letter before action letter after I already sent one but the second one is with different terms and conditions?
Hi there, Thanks for your comment. When you say “different terms and conditions”, are you referring to the settlement terms that you offered in the first letter? If yes, then yes and it will be recognised as (a) the withdrawal of your first settlement offer and (b) the submission of a new settlement offer. You may want to specify this in your second offer, just in case. You may also want to extend the time for response to give the other side enough time to properly consider the new offer.
Thanks! What did you find most useful? I’m still at the early stages of my YT content and would really appreciate some feedback. Also, this may be relevant for you How to Write a Letter Before Action: Maximise Impact ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-M9aPnWBnc1g.html
Hi there, Thanks for your comment. It will not be necessary to get your stock transfer form stamped by HMRC because there is no stamp duty tax payable. Don’t hesitate to contact me.
Hi there, Thanks for your comment. The documents can be easily downloaded by clicking on the link in the description. Let me know if you encounter any issues!
Thank you and hope you are very well. Your video-making is very good. Your content ideas are very good. If you give me permission, I will share some information with you to increase the channel. You get lots of subscriptions, views and audience. Can I suggest how to grow your business on your RU-vid channel & Facebook page? Best regards, Thank you
Thanks for the insightful info! What about fees for the agent, what type of fees does the agent receive if the principal continues to get projects from one introduction?
Thanks for the comment and positive feedback, Cara! The agent usually receives a percentage of the revenue generated by the clients introduced. This is usually for a period of 12 months. For this, even if the principal gets more than one project from the same introduction, it is possible for the agent to still get a percentage of later projects. Does this help?
@@malcolmzoppi Every SEC filing since they floated has indicated the twitter platform user base contains bots, therefore any logically thinking sound minded court will rule in twitters favour and make the greatest living pump and dumper con artist pay up.
@@malcolmzoppi Buyer Beware yes. Although im confident he didnt even intend let alone have the funds available to complete the deal. One thing which confuses me is why would twitter still allow him on their platform if there is a legal dispute. Something smells funny.
'A lawyers perspective on Chelsea being sanctioned' Maybe you need a legal advice disclaimer, that each circumstance is different and that people should seek their own legal advice if needed. Cant be too careful ;)