Overview of Legal Structures

Overview There are a number of possible ways in which an Irish based business can conduct business with or in the United Kingdom. It is possible to conduct a business exclusively from Ireland with minimal obligations under United Kingdom law. The business may export goods or provide services without having any permanent presence in the […]

Read More

Sole Trader

Overview A sole trader operates in his personal capacity. This carries the risk of unlimited personal liability for the debts and legal obligation of the business. If a business trades as a sole trader in the UK, no registration with Companies House is necessary.  If a business name is used, it may be necessary to […]

Read More

Agency

Overview The use of self-employed agents abroad, is a long established method of marketing and selling.  The agent is usually the exporter’s representative in another country. He is not an employee.  He is an independent contactor who works on his own account.  The agent concludes contracts for a supply of goods and services on behalf […]

Read More

Commercial Agents Regulation

The EU Regulations EU wide Regulations govern the legal relations between self employed “commercial agents” and their “principals”. These regulations contain important provisions, many of which cannot be avoided or overridden by the terms of the agreement between the parties. A “principal”, under the Regulations, is a company or individual who appoints the agent. A […]

Read More

Distribution Arrangements

Overview A distributorship arrangement involves the sale of products by the distributor in a third country, on his own account.  The distributor contracts both with his supplier and with his customer.  He becomes owner of the products concerned.  He is not a representative of the principal. In contrast, the agent represents the person appointing it […]

Read More

Franchises

Overview Franchising offers the opportunity to secure distribution for products and services faster than would otherwise be the case.  The franchisor may be able to increase purchasing power and reduce overheads. The disadvantage of franchising is loss of control.  Although a franchise agreement may impose restrictions, the franchisees are independent third parties who maximise profits […]

Read More

Joint Ventures

Overview Joint ventures are a means by which companies and businesses undertake activities and projects jointly. They may be undertaken when a project is beyond the capacity of an individual company. They are particularly important in the cross border context and may provide opportunities for a company to enter into new markets and industries. The […]

Read More

Insurance

Employers Liability Insurance Unlike in Ireland, Employer’s Liability Insurance is compulsory in England and Wales.  The insurance must cover the costs of compensation and legal fees for employees who are injured or made ill in work by reason of fault on the part of the employer.  In practice, where an accident or injury occurs, it […]

Read More

Distribution Agreements

Overview  A distributorship arrangement involves the sale of products by the distributor in a third country, on his own account.  The distributor contracts both with his supplier and with his customer.  He becomes owner of the products concerned.  He is not a representative of the principal. In contrast, the agent represents the person appointing it […]

Read More

Competition & Distribution

Overview The EU Treaty prohibits anti-competitive agreements and decisions which may affect trade between EU states which have as their object or effect, the restriction or distortion of competition within the EU common market. The effect must be appreciable.   Where any restriction is found to be in contravention of this provision, it is automatically void […]

Read More