Clarkslegal LLP - Solicitors in Reading and London

Inward Investment

Why set up business in the UK?

The UK is an exciting and vibrant place to set up your new business there are great opportunities for foreign entrepreneurs and companies to make use of the dynamic and open business climate that exists in the UK. With a transparent and trusted legal and accountancy system combined with the familiarity of the English language, the UK is an appealing destination for many.


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COMPANY STRUCTURE

Choosing the right structure for your business; partnership, limited liability partnership, incorporation of independent company or subsidiary, joint venture, investment, branch.

Structuring strategic cross-border acquisitions of private companies (business or shares), takeover of public companies and joint ventures.

Providing company secretary and registered office, including monitoring statutory registers and filings at Companies House.

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YOUR BUSINESS PREMISES

Advising on short-term flexible business accommodation options and services contracts.

Advising in the acquisition of freehold business premises.

Reviewing and negotiating business leases and agreements for lease.

Construction contracts and licences for alteration should you wish to carry out any fit-out works to leasehold premises.

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COMMERCIAL TERMS

Developing initial commercial agreements, such as trading terms and conditions.

Protecting and registering your intellectual property rights in the UK.

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IMMIGRATION

Advising on acquiring visa permission, settlement and British nationality for individuals and their family members.

Advising high net worth individuals on acquiring Tier 1 Investor & Entrepreneur visas.

Advising overseas businesses on sending a representative to the UK to establish up a business presence.

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BUILDING YOUR TEAM

Acquiring Certificate of Sponsorship/ Tier 2 visas for your organisation to recruit migrant workers.

Conducting right to work checks in respect of your workforce.

Providing an HR professional to assist you to recruit and train your workforce.

Preparing contract, HR policies and procedures for your executive management team and employees.

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DISAGREEMENTS & PROBLEMS

Proactively managing disputes to avoid formal litigation.

Representing clients in the High Court and County Court, arbitration, adjudication and mediation.


We offer innovative, cost-effective and high quality legal services and business support to businesses seeking a presence in the UK.

Our in-depth legal expertise, commercial experience and multi-disciplinary approach coupled with our extensive high level contacts with professionals and trade bodies, means we have a proven track record in consistently offering clients with a comprehensive support service in locating business in the UK.

Frequently Asked Questions

   Immigration

Q. I want to invest in a UK business, do I need a visa?
A.
Non-EEA nationals will need a visa before they can travel to the UK to establish or takeover a business. In some circumstances, you may be able to come to the UK as a Visitor to secure funding before you apply for a visa.

Q. What UK visas are available for foreign investors?
A.There are a few. The visa you obtain depends on the amount you intend to invest and whether you will be actively involved in the running of the business (Tier 1 Entrepreneur) or a hands-off investor (Tier 1 Investor). There are also other routes available such as the Tier 1 Graduate Entrepreneur visa (for graduates who have been officially endorsed as having a genuine and credible business idea) and the sole representative visa (for overseas companies wishing to set up a business presence in the UK).

Q. Can I bring my family with me?
A. Your family members (spouse, civil partner and children under 18 years old) can apply to come to the UK as your dependents.

Q. Do business/investor visa routes lead to British nationality?
A. 
Yes, you can typically settle in the UK after 5 years but there are ways to settle earlier via accelerated routes.

   Company & Commercial

Q. How easy is it to set up a company in the UK?
A
. Very! To set up a private limited company, you will need to provide us with some information to help us guide you on the rules relating to setting up a new company: a new company

  • name and a UK address (a P.O. box is fine)
  • details of at least one director and one shareholder (this can be the same person)
  • details of the shares in the company

   Engaging Staff 

Q: What are the ways of engaging staff in the UK?
A: Broadly, there are three ways of doing so: as employees, as workers or as self-employed contractors. Different rights attach to each category so it is important to decide which is right for your business, and to put the correct contract terms in place to reflect this.

Q: Do I need to give my employees written terms of employment?
A: Yes. The law in the UK state that an employer must give a written statement of terms, setting out particular information. Such terms are most commonly set out in contracts of employment. The law states that this must be done within two months of the employment starting, however it is better to do this before an employee starts, to prevent disputes later on.

  

Business Premises

Q. I have to pay tax on property transactions in the UK?
A.
 Yes, whether you are buying residential or commercial property then Stamp Duty Land Tax (“SDLT”) is usually payable. SDLT needs to be paid within 30 days of completion of the property purchase and a SDLT1 form needs to be lodged with HMRC. Non-compliance can lead to fines and interest as well as possible criminal charges. VAT can also be payable (in certain circumstances) as an additional 20% on the purchase price of commercial property.

Q. If I take a commercial lease in the UK will I be expected to offer up anything as security to the landlord?
A.
 This will depend on the landlord’s assessment of the “covenant strength” of the party intending to take the lease. If for example you want to take the lease in the name of a new company, that has not traded and does not have any assets, then the landlord would probably, at the very least, be looking for a rent deposit equal to 6 month’s rent to be held for the duration of your occupation under the lease. They may also seek individual or company guarantors as well as or in addition to the deposit.

   Legal Disputes

Q. Is the Court system in the UK business friendly?

A. UK Courts are efficient and the High Court contains specialist divisions to address particular business needs including Business and Property, Technology and Construction, Intellectual Property, and Financial. A particular attraction of UK Courts is the ability to recover legal costs based on the Defendant’s conduct (except in smaller claims). This puts additional pressure on Defendants to pay their debts rather than raising spurious defences. Likewise, Claimants who bring nuisance claims can be dealt with by strike out applications and be required to pay costs.

Q. Once I start doing business with UK suppliers and customers, what legal protections do I have if they don’t deliver or pay?
A.
The public details of every UK company are published online and are free to access, so you can check the financial viability of any supplier or customer before dealing with them. The flexibility of UK contract law means that businesses’ lawyers can negotiate a variety of favourable deals to cover their particular risks and can rely on the UK Courts to enforce these decisions. If the deal is properly written, you should be able to give your business the security and protection it needs, and can enforce your businesses’ rights effectively and efficiently.