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Legal matters
When setting up in business it can be easy to inadvertently break the law. Ignorance is no defence, so check out the following to ensure you're keeping inside the law.
Did you know for example that if you use a trading name, you must state on all correspondence your connection with the company eg Proprietor, partner, manager etc. If you're using headed paper consider getting proprietor or partners' names printed at the bottom of each sheet.
Business Regulation Update - October 2008
A number of important business laws came into force last week
To save business time and money Government departments now issue all their changes to business regulations on only two dates per year - 6 April and 1 October. This is part of the Government's overall approach to promote better regulation, regulating only where necessary, doing so in a proportionate and targeted way, and reducing bureaucracy wherever possible.
Small businesses have estimated that up to 10% of time - or £628 million per year - can be saved through changes to the law being announced on two 'common commencement dates'. Business and Competitiveness Minister Shriti Vadera said: "Business asked the Government for Common Commencement dates. They help companies to plan ahead and save money
"Many of the important changes coming into effect this October bring significant benefits for businesses. For example, abolishing the need to display insurance certificates and simplifying information requirements for firms will save them about £80million. Certain regulation is necessary to protect people and businesses across the UK. It ensures a level playing field, promotes competition and allows markets to operate effectively.
"However, we do understand that regulation is a concern for business. This is why we are driving forward an ambitious programme to save business and the third sector £3.5 billion in administrative costs by 2010."
In order to help companies adapt quickly and easily to the new rules, simplified guidance for implementing the new regulations has been designed with the help of business. This has been distributed through trade and professional organisations to over a million businesses of all sizes. The most significant changes coming into force are:
- The minimum wage for workers aged 22 and over will increase from £5.52 to £5.73. The rate for 18-21 year olds will rise from £4.60 to £4.77, while 16 and 17 year olds will see an increase from £3.40 to £3.53 per hour.
- A requirement for all tobacco products to carry graphic picture warnings to illustrate the devastating effects that tobacco can have on health.
- Further provisions of the Companies Act 2006 which improve company law and reduce burdens on companies. For example: changes will crackdown on company name "squatters" - businesses that find their trading names have been registered at Companies House as company names by so-called squatters can now challenge for ownership of the name.
- The final parts of the Consumer Credit Act 2006 which protects consumers and puts in place a more level playing field for businesses in the credit market. For example: lenders will have to provide consumers with better information about their debts (such as loans, credit cards or store cards).
- Removing rules that require physical copies of Employers' Liability Compulsory Insurance certificates to be displayed and retained for 40 years. Businesses will now be able to do this electronically.
- All estate agents will be required to join a redress scheme. The scheme will be transparent, independent and fair. It will speedily resolve complaints and will have the power to award compensation to consumers.
- "Doorstep selling" regulations will protect people when they buy products and services from traders at home. The new rules give people a legal right of seven days in which they can change their mind. Previously, people only had these cancellation rights if a trader's visit was not pre-arranged.
- Measures to further tighten UK strategic export controls - including stricter controls for trading in cluster munitions, and extending controls for small arms and Man Portable Air Defence Systems (MANPADS) so that they apply to UK citizens anywhere in the world.
The key government Departments which introduce business regulations on the 6 April and 1 October are BERR, DEFRA, Communities and Local Government, Home Office, HSE and Food Standards Agency. The new regulations can be found at http://www.businesslink.gov.uk/ccd Approximately 50 changes will come into force, but the vast majority of these are small technical amendments needed to update existing rules and will have no impact on most businesses.
Creating Careers
vision2learn, from Creating Careers is an exciting new way to learn and gain accredited qualifications online.
You can get in to your study area through any Internet-connected PC – at home, work or wherever you have access to a computer. Your study area contains all of your online course materials, assessments and user guidelines, as well as messages from your tutor and an online café where you can chat to other learners.
vision2learn courses are presented in an interactive and user-friendly format, with clear learning outcomes and online support material. But if you do feel you need a bit if extra help, online support from a college tutor is just a click away.
Your vision2learn course will be supported by a college near you and they will allocate your tutor.
vision2learn courses are nationally recognised qualifications that are eligible for funding. This means that provided you are over the age of 16 and living in England, there are no fees – you study for free.
Courses are currently available in Personal Development, Business Development, IT and Sport & Leisure
My recommendation is to take their free online course about starting a business entitled "Entrepreneurship", which leads to the accredited qualification NCFE Advanced Certificate in Preparation for Business and demonstrates your professional skill to your bank manager, business associates and customers.
This course is made up of four units, as follows:
- Unit one - You
Find out if you’re emotionally, mentally and financially ready for business start-up. Identify your personal needs and expectations, review your skills needs and evaluate your finances.
- Unit two - Your business idea
Learn how to prepare an excellent business plan, find out how to set achievable goals and select an appropriate legal status for your business.
- Unit three - Your marketplace
You’ll develop practical market research skills and learn how to make the right marketing decisions for your product or service.
- Unit four - Your business operations
Develop your business plan into practical action plans, build a pre start-up timetable and find out how to achieve operational success by matching financial, human and material resources against your business goals.
Net Lawman legal documents come with extensive, helpful explanatory notes, so you can be more confident in how you use the document.font face="Verdana">Make It Happen
One frequent question I'm asked is about the nuts and bolts of running a business - choosing and setting up a business, finding customers, promotion and of course legal aspects like tax, national insurance, data protection and VAT. This new 6 part British course explains all these matters in a simple, easy to understand way and is written by UK-based mail order professionals who have been operating full-time successful home based businesses for many years. Full details and application form available from http://www.homeworkinguk.com/mih.pdf or e-mail for a copy.
Desktop Lawyer, the UK's award winning online legal service, gives you access to legal information and documents prepared by top barristers and solicitors. Use this service in the comfort of your own home or office, in your own time, and at a price solicitors will find impossible to beat.
LAW on the WEB - a free legal information, guidance and gateway site for individuals and small businesses - devised, built and maintained by a solicitor formerly in private practice in the UK.
Small Claims Court Service: You can now process a claim online through this new small claims court service.
Data Protection Registrar - The Data Protection Act 1984 grew out of public concern about personal privacy in the face of rapidly developing computer technology. The act covers personal data about living, identifiable people that can be automatically processed. To keep such information on your computer legally, you may have to register. For a range of useful free information booklets or to register, contact them direct. The registration fee is £75 for three years.
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, UK
Phone: 01625-545 740 Fax: 01625-524 510
For more information about The Data Protection Act you can also visit Business Link. Business Link provides advice and information regarding the Data Protection Act, including compliance with the data protection legislation, regulations concerning privacy in marketing and your legal requirements regarding notifying the Information Commissioner.
UK Online for Business
With recent surveys showing that nearly half of all UK firms trading on the web not complying with the requirements of the Data Protection Act, a new publication entitled "E-Commerce and the Law" is designed to end the confusion. This easy to follow jargon-free guide is one of a new series of guides for small businesses available free by downloading from http://www.ukonlineforbusiness.gov.uk
Trading Standards have their own website at http://www.tradingstandards.net which contains a wide range of current and reference information which should be equally invaluable whether you are a consumer with a query or complaint, or if you are a business looking for advice on your legal obligations in this field, including legislation, faq, consumer issues, careers advice and much more.
Health & Safety
Health & Safety Executive
Provides information about legal health and safety requirements, many of which apply to small businesses.
HSE Information Centre, Broad Lane, Sheffield S3 7HQ, UK
Information line on: 0541-545 500 Fax enquiry line: 0114-289 2333
Safeworkers.co.uk focuses on workplace safety and have a section of the site specifically for home based workers, including steps you should take to ensure good health and safety practice.
Insurance Requirements - see insurance page list of brokers who can tell you which insurance cover you are legally required to hold
Tax and VAT
If you don't already have an accountant dealing with these matters for you, there are comprehensive web sites for both Inland Revenue and Customs and Excise.
http://www.inlandrevenue.gov.uk/home.htm
Web site for Inland Revenue. Covers just about every topic and includes copies of most Inland Revenue leaflets.
http://www.hmce.gov.uk/
The site of HM Customs and Excise. Find out the answers to all your VAT queries.
Just-tax.co.uk is a tax return completion service offering general tax information, ex-pats tax information, corporate schemes and tax return completion.
Bizhelp24.com/ - Comprehensive web site covering just about everything to do with small businesses and personal finance; over 150 step-by-step in-depth articles - more added daily. You can also promote your business on the site for free. Subscribe to their free monthly credit and business newsletter and claim YOUR FULL FREE COPY of Credit to Cash which includes 40 Business Forms, Letters, Tables, 25 Small Business Court Forms, 6 Months FREE Membership of the Cashflow Club, FREE Upgrades. Go to Bizhelp24.com/ for full details of the free package, worth over £150. (contents subject to change)
Topics covered include:
Start a New Business Some of the information you need to start a business. Use their Business Plan to get finance for your business.
Credit Policy Understand the basics of business credit, and the elements that make up the granting of credit to trade customers. Use their credit application, bank reference, and Terms and Conditions of Sale and lots more.
Credit Control Control existing standard accounts and credit accounts. Discover collection techniques to improve business cash flow targets, systems and procedure, 15 collection letters for you to use and lots more.
Debt Recovery and Litigation All the info and help you need to deal with debts: internal (yourself) and external means (solicitor, court, debt agency).
Insolvency Understand the different types of personal and corporate insolvency, including bankruptcy, liquidation and voluntary arrangements.
Company Accounts All the documents, with simple explanations, that make up the basic accounts that you would need, say, for a business plan such as: Balance Sheet, Profit & Loss and Cash Flow Forecast.
Small Business Understand what makes up a small business - what you have to do - what you cannot do - you will be puzzled by 'small business red tape' but you will know where to get help
Corporate Insurance Find out a bit more about why it makes sense to insure against bad debts.
Export A good page to use if you are looking for information to start exporting
Internet Many areas of the net interest us - being true to the community spirit they pass on info to you
Personal Debt Advice
The largest collection of articles in the UK
When you work for yourself, finding finance is always more difficult. ContractorMortgagesUK.com specialise in finding mortgages for Contractors, Freelancers, and temporary workers. they use their experience and understanding of the contractor mortgage marketplace to have bespoke underwriting arrangements in place allowing you to obtain “prime rate mortgages” and avoid the more expensive self cert route.
if you already have a mortgage, their Proactive Mortgage Management System (PAMM) will check to see if your current scheme is competitive and if not, they will help identify the best mortgage alternative for your needs.