Legal workshop Alan Robinson Getting ready for localism

 Structure  Entering into contracts  Employment of staff  Leases What must you consider?

 Are you planning to revise your structure? If so, now is the time!  If you don’t have limited liability, do you need it or want it?  Do your objects cover what you propose to do? Do you have the powers to do what you propose to do?  If you are a charity, will what you do comply with charity law? Structure

 Do you understand the importance of early discussions being ‘subject to contract’?  If you’re getting a written contract from the other party, will you understand it?  If not, do you know someone who will understand it and can explain it to you?  Be aware that contracts have legal consequences! Do you know what they are, and can you deal with them? Entering into contracts

 Does TUPE apply, i.e. are you taking on someone else’s staff?  Do you have a knowledge of employment law? Is it up to date?  Do you understand the difference between employment and self- employment? If you propose to take people on under a self- employed contract, is the job properly one which can be undertaken on a self-employed basis?  Will you be operating PAYE? Will you have the necessary policies and contracts of employment in place before the staff begin work? Employing staff

 Are you able to commit to paying the rent for the full term of the lease?  Are you able to finance the repairs you will be asked to undertake?  Do you have full information about the state of the property so that you will not later be asked to repair something which was done before you moved in?  Do you understand all the terms of the lease? If not, do you know someone who does?  If necessary are you able to complete the HMRC return, pay the tax, and register the lease at the Land Registry? Taking on a lease