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Bi Monthly Newsletter<br />

Business News<br />

Spring 2016 | 01<br />

In this edition of our Newsletter we<br />

discuss our new Global offering.<br />

Whats new in the legal world. The<br />

effect the budget will have on new<br />

business<br />

A new Global offering<br />

from Business Law Online<br />

2<br />

Doing business with family<br />

and friends. How to stay<br />

professional.<br />

6<br />

How Business Law Online<br />

helped one SME by supporting<br />

growth and reducing costs with<br />

its fixed price solution<br />

4


Business Law<br />

Online goes global<br />

Contents<br />

Page 2<br />

The new Global offering. How Business<br />

Law Online supports businesses across<br />

the globe.<br />

Page 3<br />

The Business Law Online portal goes live<br />

Page 4.<br />

Case study how Business Law Online<br />

supports one SME with its fixed price<br />

solution<br />

Page 5<br />

Latest HR News<br />

Page 6<br />

Doing business with Family and friends.<br />

How to stay professional<br />

Page 7<br />

The March 2016 Budget and the effect it<br />

has on business<br />

Page 8<br />

The EU Data protection framework is<br />

<strong>final</strong>ly agreed<br />

Business Law Online is now<br />

offering its customers the<br />

opportunity to extend its fixed<br />

price solution globally. With a<br />

legal presence in most of Europe,<br />

Australasia and North America<br />

it is ideally placed to support UK<br />

companies looking to expand<br />

operations overseas. It is the<br />

only legal services company in<br />

the UK who is able to provide its<br />

customers with a one stop shop<br />

for legal services globally, on a<br />

fixed monthly fee<br />

In an interview with the CEO of Business<br />

Law Online Robert Taylor, we asked him<br />

why he had taken the unusual step of<br />

expanding globally.<br />

“Our business is all about supporting our customers<br />

to the best of our abilities in a cost effective manner.<br />

When our customers come to us with statements like;<br />

I desperately need legal representation in x country<br />

and I don’t know who to use , how to find them and<br />

I just don’t have the time to do the research and<br />

appoint someone, can you help! We felt an obligation<br />

to do something to assist.<br />

We looked for a number of ways to support them and<br />

to offer the same degree of comfort and protection<br />

we offer all our customers in the UK. Initially we<br />

were going to build a relationship with a number<br />

of legal practices accross the globe and negotiate<br />

advantageous rates that our clients could take<br />

advantage of. This became problematic for a number<br />

of reasons. Firstly companies and legal practices<br />

offering a fixed price service similar to our offering<br />

in the UK were in short supply or just did not exist<br />

Secondly the cost of doing business in some of the<br />

jurisdictions was prohibitive and went against our<br />

key principle of offering a cost effective professional<br />

and timely service.”<br />

The board took the decision at the beginning of<br />

the year to extend the fixed price service to existing<br />

customers globally. Initially we mirrored our legal<br />

teams in the jurisdictions where our global clients<br />

operated and we have gradually built on this. We<br />

can now offer new clients global coverage for a fixed<br />

monthly fee.<br />

2<br />

Newsletter | March 2016


“It’s refreshing to deal with a legal firm<br />

that wants a true long term partnership<br />

with its customers. They not only provide<br />

a quality service but with a pricing<br />

structure that is within the reach of all<br />

small and mid-market companies.”<br />

Shez Cheema CEO<br />

The Business Law<br />

Online Portal<br />

goes live.<br />

Business Law Online now offers<br />

all its fixed price clients access to<br />

the Business Law Online bespoke<br />

portal.<br />

The portal is a secure place where all<br />

matters undertaken by our Lawyers<br />

can be viewed and monitored in real<br />

time.<br />

the current status of their workload being<br />

undertaken by our lawyers.<br />

The portal includes smart filters, key word<br />

search parameters, and version control with<br />

old documents being automatically archived.<br />

You can even send documents for electronic<br />

signature direct from the portal.<br />

For no extra fee customers can upload all their<br />

historic contracts and legal documents to the<br />

portal, setting up what is in essence a virtual<br />

data room. This ensures their most sensitive<br />

business documents are secured, accessed<br />

and released on a need-to-know basis with<br />

them setting and determining access and<br />

permissions. You can then track all activity.<br />

The portal is a 256-bit encrypted system<br />

accredited by UKAS with the ISO/IEC 27001<br />

information security Management systems<br />

certificate, and with an uptime of 99.9% you<br />

can be assured that your data will be secure<br />

and accessible at all times.<br />

All format documents can be uploaded to it<br />

with customers having real time access to view<br />

Newsletter | March 2016 3


A case study. Working with an<br />

SME on a fixed price contract<br />

“Working with Business Law<br />

Online supports our growth and<br />

ensures we are fully protected<br />

when doing business with<br />

organisations far larger than<br />

ourselves. It is a relationship that<br />

works well for us and we are<br />

confident that it will continue to<br />

do so”<br />

Tony Martino MD Tollring<br />

The purpose of this case study is to showcase how Business Law Online’s legal services can help<br />

businesses manage their legal requirements, remain compliant with current laws and provide them<br />

with an accurate means of budgeting for their legal costs.<br />

The customer: Tollring<br />

Tollring is a market leading software<br />

developer providing feature-rich,<br />

technologically advanced communications<br />

management solutions.<br />

Tollring develops innovative solutions<br />

that compliment business processes<br />

and facilitate regulatory compliance. Its<br />

comprehensive portfolio of cloud based<br />

and locally installed solutions focuses<br />

on service provider analytics, fraud<br />

management, cloud billing services,<br />

customer level call analytics and call<br />

recording applications.<br />

Tollring solutions have been successfully<br />

deployed to over 8,000 businesses in both<br />

the private and public sectors across the<br />

UK, Europe, USA and Australia, delivered<br />

via a number of global communications<br />

service providers, global OEMs and leading<br />

resellers in the Telecoms and IT Industries.<br />

The Challenge<br />

Tollring’s business growth meant that it<br />

was in a situation where it was becoming<br />

increasingly difficult for it to manage its<br />

legal documentation. The company’s<br />

leadership team had concerns whether its<br />

existing legal contracts and policies would<br />

adequately protect them in the event of<br />

dispute. As Tollring began to win contracts<br />

with larger organisations, the way it sold<br />

its products began to change, becoming<br />

more complicated. It soon became<br />

clear that it needed a legal practice<br />

whose lawyers could provide specialist<br />

commercial and corporate skills and a<br />

legal team that would work seamlessly<br />

with Tollring management, to allow them<br />

to quickly adapt to new go-to-market<br />

models and ensure that their internal<br />

controls were sufficient to enable them to<br />

mitigate trading risk.<br />

The company recognized that it required<br />

a library of legal documents for its sales<br />

channels and, in addition, bespoke<br />

agreements for complex OEM sales. As<br />

part of its expansion, Tollring began to<br />

develop a network of overseas resellers<br />

requiring contracts that would ensure<br />

Tollring remained in control. Additionally, as<br />

with all growing companies, Tollring needed<br />

to ensure its internal controls were in place,<br />

including matters such as its employment<br />

contracts and policies.<br />

The Discussion<br />

The company had been using a high street<br />

solicitor on an ad hoc basis. This meant<br />

they would have to instruct the solicitors<br />

individually, and in great depth, each time<br />

legal support was required. The solicitors<br />

practice, though capable, had no working<br />

knowledge either of Tollring’s business or<br />

the industry it was in.<br />

The process of finding the right legal<br />

expertise for their business was a challenge<br />

in itself. Whilst the high street solicitors<br />

lacked the experience and knowledge of<br />

the business and the industry, a city firm,<br />

though it had the capabilities, would prove<br />

too large and costly. It was a concern that,<br />

in the event of Tollring instructing a larger<br />

firm of lawyers, due to its size, Tollring may<br />

not get the level of customer service it<br />

4<br />

Newsletter | March 2016


needed with an inexperienced junior lawyer managing its workload.<br />

The additional risk of Tollring being subject to invisible and constantly<br />

escalating costs meant the company did not wish to pursue this route.<br />

Following a lengthy review of the legal services market, Tollring<br />

concluded that there seemed to be little legal support available for a<br />

medium sized organization such as Tollring.<br />

The Solution<br />

Tollring was introduced to Business Law Online by one of its service<br />

providers – it was agreed that Business Law Online would conduct a<br />

review of Tollring’s existing legal documentation and policies and make<br />

recommendations as to what was needed.<br />

As Tollring’s business was going through a transitional period, it required<br />

a legal firm that could be drawn upon as, and when needed. Business<br />

Law Online’s fixed price model meant that Tollring would have visibility<br />

of its legal costs, up front – the model works on a subscription basis, with<br />

clients paying a monthly fee over a 12-month contract period which<br />

simplifies budgeting. Business Law Online’s service level agreements<br />

mean that work is completed in a timely manner, with each client having<br />

a single point of contact.<br />

The Business Law Online lawyer would act as an extension of Tollring’s<br />

own workforce, as they would if the company had its own in-house<br />

legal counsel. Furthermore, Business Law Online’s ability to manage<br />

work internationally meant there would be no issue with sourcing legal<br />

support overseas and subsequently managing it – the single point of<br />

contact would coordinate all work, even internationally, with local lawyers<br />

being available for face to face meetings as required.<br />

This was a very attractive proposition to Tollring since its evolving<br />

business meant it needed scalable professional legal support both in the<br />

UK and overseas. The added benefit of the ability to budget in advance<br />

and spread its legal costs over the course of the financial year presented<br />

the solution that Tollring had been seeking.<br />

HR News<br />

From 1 April, the new National Living<br />

Wage of £7.20 was applied to workers of<br />

25 and over .<br />

From 6 April, tribunal compensation limits<br />

and a week’s pay increase.<br />

The upper limit on the compensatory<br />

award will be £78,962 and a week’s pay<br />

will be £479. There are other changes to<br />

Employment Tribunals including new<br />

rules on postponements, and penalties<br />

for employers who fail to pay amounts<br />

awarded against the or agreed through<br />

ACAS.<br />

The budget brought further changes:<br />

Termination payments of over £30,000 to<br />

be subject to employer NI contributions.<br />

As previously announced, the government<br />

will consult on extending Shared Parental<br />

Leave to Grandparents.<br />

The government is considering restricting<br />

some salary sacrifice benefits.<br />

Employers will receive money (10% of their<br />

apprentice levy) to put towards apprentice<br />

training.<br />

Tony Martino, Tollring’s Managing Director comments:<br />

Tony Martino Tollring Managing Director<br />

“As our business was growing and<br />

changing, we recognised that we needed<br />

more stringent legal controls, with watertight<br />

contracts that would protect us if<br />

required, especially as we expanded our<br />

products and services into new territories<br />

such as the USA and Australia.<br />

We considered the options, including<br />

employment of in-house counsel, a local<br />

solicitor or a city firm, however each posed<br />

its challenges such as overall cost, or<br />

apparent lack of industry experience.<br />

After discounting these various options,<br />

we made the decision to use Business Law<br />

Online who work with us on a fixed price<br />

model. We have our own point of contact<br />

who understands our business and has<br />

become an extension of our own team.<br />

Support is available outside of standard<br />

office hours, even internationally, so we<br />

can just pick up the phone whenever we<br />

have questions, which is hugely valuable<br />

to us.<br />

We feel that working with Business Law<br />

Online supports our business growth and<br />

ensures that we are fully protected when<br />

doing business with organisations far<br />

larger than ourselves. It is a relationship<br />

that works well for us and we are confident<br />

that it will continue to do so.”<br />

Newsletter | March 2016 5


Doing business with friends<br />

and family how to stay<br />

professional<br />

You spend more time with a business partner than you do<br />

with anyone else so it makes sense to team up with someone<br />

you like, trust and respect. Having said this, as great as a<br />

partnership with friends or family sounds, it can be fraught<br />

with obstacles. Much like a marriage, it’s a legal agreement<br />

between two individuals. So before you commit to the<br />

relationship you must be sure you can weather the storm, for<br />

better or for worse.<br />

You need to know that if everything goes wrong down the line you can protect<br />

your self so what is the best way to do this.<br />

“Going through a divorce with my husband and<br />

business partner. It was a godsend knowing that I<br />

had engaged with Business Law Online when setting<br />

the business up it made the separation so much<br />

easier”<br />

Victoria Hodges<br />

Business Law Online have<br />

packages available to support all<br />

sizes of businesses whether you<br />

are just starting out, or are about<br />

to take that next step.<br />

We are here to ensure you don’t<br />

make the costly mistake of not<br />

protecting your business and your<br />

investment.<br />

For as little as £250 per month you<br />

can have your own lawyer on call<br />

to give you that peace of mind and<br />

to resolve those ongoing issues.<br />

6<br />

First of all<br />

You need to decide what you want from the business. Where you see it going<br />

and who does what. Develop a strategy be sure that all parties are working on<br />

the same page. Make decisions now for example holidays, sickness cover and<br />

dealing with dependants. Cover as many concerns as possible and decide on<br />

contingencies<br />

Decide who owns what<br />

Decide who owns what percentage of the business. You may split the ownership<br />

50/50, but there may be reasons for not doing this. Maybe one party will work full<br />

time Vivamus and one may opt to work part time? maybe one has more capital to invest<br />

and this needs to be reflected in the ownership.<br />

Donec at libero<br />

Put together a contract<br />

Sed convallis<br />

Create a formal written agreement describing who owns what, who does what,<br />

what Suspendisse happens if someone want to leave the business and how the business is to<br />

be structured eg Limited company, Partnership etc. (Seek professional advice)<br />

contd page 7<br />

Newsletter | March 2016<br />

“Companies pay too much attention to the cost<br />

of doing something. They should worry more<br />

about the cost of not doing it.”<br />

Philip Kotler


Budget 2016: Treasury clarifies EIS<br />

and VCT legislation.<br />

Steps have been taken to ensure the legislation regarding changes<br />

made to VCT and EIS products announced in last year’s Summer<br />

Budget is clear and works as intended.<br />

Doing business with<br />

friends and family contd.<br />

Draw up a shareholders agreement<br />

This is a vital part of protecting the business and you<br />

stake in it. It prevents arguments occurring later down<br />

the line.<br />

Think of the shareholders agreement as a marriage<br />

pre-nup. It will define what is to happen if people<br />

want to go their separate ways. It is there to not only<br />

to protect the business itself but also to protect your<br />

investment in it.<br />

The need to clarify the legislation emerged after investors were left<br />

confused about the shift to direct new VCT money towards earlier<br />

phase investments.<br />

In today’s Budget, the Treasury said legislation will be introduced in<br />

the Finance Bill 2016 to ensure the five-year period for determining<br />

the average turnover amount ends immediately before the beginning<br />

of an investee company’s last accounts filing period.<br />

For knowledge-intensive companies, it will ensure the relevant three<br />

preceding years for the operating costs conditions also ends before<br />

the beginning of the filing period.<br />

A firm’s most recently filed accounts will be used to determine these<br />

periods, and a new condition will be introduced to clarify the nonqualifying<br />

investments a VCT may make for liquidity management<br />

purposes, with effect from 6 April.<br />

The agreement should as a minimum set out the<br />

rights and obligations, regulate the sale of shares in<br />

the company,describe how the company is to run,<br />

provide some protection for minority shareholders<br />

and define how important decisions are made.<br />

What should you include in your agreement.<br />

1. Issuing and transferring of shares including<br />

provisions to prevent unwanted 3rd parties acquiring<br />

shares and how a shareholder can sell shares.<br />

2. Proved some protection for shareholders having<br />

less than 50% of the share holding. Include the<br />

requirement for certain decisions to be agreed by all<br />

shareholders<br />

3.How the company is to run. This should include the<br />

appointment, removal and paying of the directors.<br />

Deciding on the direction the business is to take.<br />

The provision of information to the shareholders.<br />

Any large capital requirements and how this is to be<br />

financed and any Banking arrangements<br />

4. The paying of dividends<br />

5. Any competition arrangements.<br />

6. Dispute resolution arrangements.<br />

A <strong>final</strong> warning<br />

Don’t end up in a complicated , distressing and costly<br />

legal battle down the line because you failed to get<br />

the basics right.<br />

Working with friends and family can be hugely<br />

rewarding but make sure you get things formalised<br />

before you start to trade.<br />

In last summers budget. The Government<br />

announces VCT forum to clarify new rules but<br />

investors were left confused in this years budget<br />

the Government seeks to clarify.<br />

However, if the end of the last accounts filing period falls more<br />

than 12 months before the date on which the investment is made,<br />

the five- and three-year periods end 12 months before the date<br />

the investment is made.<br />

The Treasury said there would be a “negligible” impact on<br />

individual investors as changes to the determination of relevant<br />

years are technical in nature and should be more advantageous to<br />

the company in most cases.<br />

But the new rules may prevent a small number of older<br />

established companies from being eligible for investment under<br />

EIS, it said.<br />

Companies may apply the current rules for investments received<br />

before 6 April in the event they are more advantageous.<br />

Newsletter | March 2016 7


In The Next Issue<br />

• We expand on changes in HR Law<br />

• We look at the law around Health<br />

and Safety and your obligations as an<br />

employer<br />

• A case study on how we assist a<br />

technology SME to transform their<br />

business processes<br />

• Further advice for new start up<br />

businesses. Keep on the straight and<br />

narrow.<br />

• We give some examples of what can<br />

go wrong if you don’t have the right<br />

advice<br />

• We outline our new bursary scheme<br />

for new start ups and give details on<br />

how to apply.<br />

• We have a quick look at some future<br />

changes in legislation which may<br />

affect the way you do business.<br />

The EU General Data Protection<br />

Framework is <strong>final</strong>ly agreed.<br />

After years of discussion. Political agreement has now<br />

been reached on the future direction of this important<br />

regulation. While it is accepted that this will not come into<br />

force immediately. It will include some onerous obligations<br />

and is likely to have an immediate impact.<br />

Are there things we should be doing now. Yes we can take steps<br />

to prepare as many of the obligations will take time to integrate.<br />

Prepare for Data security breaches - Ensure that you have policies and<br />

procedures in place to enable you to react in a timely manner should a breach<br />

occur.<br />

Introduce “Privacy by Design” this is an approach whereby you protect privacy<br />

by embedding it into the design specification of technologies, physical<br />

infrastructures and business practices of all new systems and processes<br />

Let’s keep in touch<br />

Business Law Online Ltd<br />

Quatro House, Lyon Way,<br />

Camberley, Surrey, GU16 7ER<br />

ph. +44 (0) 1276 804 432<br />

e. info@business-law-online.com<br />

visit our website<br />

for more information<br />

www.business-law-online.com<br />

Be accountable - Put policies and procedures in place to ensure you meet the<br />

required standards. Continually monitor, review and assess your data processing<br />

procedures with a view to reducing the amount of data being processed and<br />

stored. Continually audit your processes and staff to ensure they understand<br />

their obligations.<br />

Consider what is the legal basis on which you use personal data. Check whether<br />

your documents and forms of consent are adequate and check that consents<br />

are freely given, specific and informed. You will need to bear the burden of<br />

proof.<br />

Check your privacy notices and policies. Policies must be transparent and easily<br />

accessible.<br />

Have thought for the rights of any data subjects for example the right to<br />

erasure. If you store personal data consider whether you have legitimate<br />

grounds for its retention.<br />

If you provide services to others give consideration if you have new obligations<br />

as a processor. If you obtain data from a third party determine and document<br />

your respective responsibilities<br />

Beware of any international data transfers. Consider whether you have a<br />

legitimate right to transfer data to jurisdictions that don’t have the same data<br />

protection regulations as non compliance penalties can be severe.

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