Business and Commercial

Time is money.

Our business clients want clear advice which helps them make commercial decisions with confidence. We combine thorough and comprehensive guidance with our ability to act swiftly and to adhere to the strict deadlines often imposed by commercial transactions.

As a long established Lisburn law firm DMC has close connections with a wide range of businesses throughout Northern Ireland. We assist sole traders, partnerships and limited companies with a variety of commercial issues and pride ourselves on our one to one service and attention to detail. We have found that by developing close relationships with our clients and their businesses we can better anticipate and understand their needs.

We offer advice in relation to:-

'Business & Commercial' Specialist

Contact Adam on
02892 601421

01.

Partnerships

It’s important you know where you stand. It doesn’t matter if you entering into business with a friend, family, a colleague or an independent investor – it is vital that all parties understand from the outset:

  • what their roles and responsibilities are (will they actively involved in the business on a day to day basis or a silent investor?);
  • what they will be paid;
  • how the profits will be divided;
  • what their potential share in any liabilities will be;
  • the extent of their authority in relation to key decisions (dealing with banks, staff, suppliers and entering contracts)

DMC know that as your business grows, roles blur and different partners can have different outlooks and goals.  Disputes can often arise between partners in relation to the division of workload, responsibilities and profits. A partnership agreement is the first point of reference to negate these disputes and we would strongly advise that anyone contemplating forming a partnership should contact us to assist in drafting a bespoke partnership agreement.

We can also assist with:

  • Drafting or reviewing partnership agreements;
  • Advice and documentation for incoming partners;
  • Dissolution of partnerships;
  • Advice in relation to retirement or expulsion of partners;
  • Partnership disputes

If you are concerned with issues within your partnership, need help settling internal disputes or wish to expel or remove a partner from your business DMC are here to help.  We can also advise with resignations and buy outs or can advise in relation to family succession issues.

DMC can offer advice, discuss remedies available and open to you through litigation or offer mediation services or hosted meetings to resolve disputes before they escalate.

02.

Business Sale and Purchase

We know that these transactions require attention to detail and clear thinking, often within a short period of time. We advise in relation to:

  • Carrying out legal due diligence on the target business;
  • Assist in providing replies to enquiries;
  • Preparing sale or share purchase agreements;
  • Disclosure letters;
  • Warranties ;
  • TUPE issues;
  • Guarantees, buy out or earn out contracts;
  • Consultancy agreements

We provide a clear and transparent fee structure and ensure that our fees are proportionate to the value of the transaction.

03.

Debt Collection

DMC realise how vital healthy cash flow is in today’s competitive business place. We can help you recover what is due to you through a range of options; 7 day demand letters, statutory demands, County Court and High Court litigation, Bankruptcy or Winding up petitions.

04.

Commercial Property Purchases

The purchase of commercial property or business premises brings it own challenges which require specialist advice. DMC ensure that all appropriate enquiries and bring our attention to detail and expertise to these complex transactions. When your commercial premises represent one of your business’ largest purchases we provide you with the reassurance that all the relevant issues have been dealt with.

05.

Commercial Leases and Tenancy Agreements

It is vital to take specialised legal advice when entering into a commercial lease. We believe that a ‘standard lease’ does not exist and that each lease should be individually prepared to protect our client’s interests and accurately reflect the terms agreed between the parties. We prepare bespoke leases for landlords and review and amend proposed leases on behalf of tenants. We’ll clearly explain and negotiate issues such as rent reviews, break clauses and repairing obligations to ensure that landlords receive secure and enforceable agreements and tenants are clearly aware of their rights and remedies. We’re happy to discuss fixed and all inclusive fees as part of our transparent charging structure.

06.

Landlord and Tenant Issues

We know how hard you work to grow your business and establish your reputation. At DMC we realise that the right premises are often key to success. Most tenants are given protection by the Business Tenancies (NI) Order 1996. Once your lease has expired, your landlord can only evict you in limited situations and must follow strict procedures. The parties will then be expected to negotiate a new lease and if agreement cannot be reached then either party can ask the Lands Tribunal to adjudicate on the terms of the new lease. DMC are experienced in advising both landlords and tenants and are able to advise tenants on how to protect their position and also advise Landlords as the lease comes to an end. Whether you are a landlord or a tenant you should contact DMC before the end of the tenancy for advice.

We can also assist landlords and tenants with dilapidation claims, rent arrears and collections and assignments or variations of existing leases.

07.

Commercial Litigation and Disputes

In 1992 the High Court in Northern Ireland created a separate court to fast track cases relating to business or commercial transactions to include building contracts, sale of goods insurance banking, contracts of engagements of professionals such as engineers or architects and such other causes as the Commercial Judge may think suitable.

The purpose of the Commercial Court is to expedite the progress of these types of cases as the court recognised that delay in these types of disputes can causes cash flow or operational damage to the parties involved. The Court will issue timetabled directions and will then review the case on regular intervals to ensure that these deadlines are being met and that the case is on track for its allocated hearing date.

DMC are experienced in identifying cases which would benefit from inclusion in the Commercial List and work closely with a panel of well-regarded expert witnesses to represent your interests. We appreciate that an early resolution of these cases are beneficial to our commercial clients – if you believe that you have a commercial dispute that could benefit from our assistance contact Adam at adams@donaldson-mcconnell.com