Clarke and Son News

New Disclosure Rules for Businesses

29 January 09

The Companies (Trading Disclosures) Regulations 2008 came into force on 1st October 2008, making many changes to the requirements as to where and when company trading names, names of directors etc. need to be shown.  

In particular, the new regulations specify that every company shall disclose its registered name on: 

  • business letters, notices and other official publications;
  • bills of exchange, promissory notes, endorsements and order forms;
  • cheques purporting to be signed by or on behalf of the company;
  • orders for money, goods or services purporting to be signed by or on behalf of the company;
  • invoices and other demands for payment, receipts and letters of credit;
  • applications for licences to carry on a trade or activity; and
  • all other forms of its business correspondence and documentation.

In addition, it requires that every company shall disclose its registered name on its website. 

If you require advice on compliance with any aspect of company law, please contact Peter Turner on Tel: 01256 320 555.

Information for Commercial Tenants – How Business Rates are calculated

27 January 09

Your rates bill is formed essentially of two elements, the rateable value and the multiplier.

 

Rateable Value 

 

This is assessed by the Valuation Office Agency and is normally based on the likely annual open market rent for the premises at a particular date.  Rateable Values are reviewed every 5 years in what is known as a revaluation.  They were last updated in Great Britain on 1st April 2005, based on market rents as at 1st April 2003.

 

The VOA is currently working on the new rateable values which will become effective in Great Britain on 1st April 2010, based on market rents as at 1st April 2008.

 

In order to assess the rateable value, factors such as the size of the premises and how they are used are taken into account.  Different parts of the premises may be valued at different levels, for example the front part of the shop, nearest the window is more valuable than space further back or storage space in say a basement.

 

Details of the rateable value and how it has been calculated are shown on a summary valuation for each assessment on the VOA website www.voa.gov.uk.

 

The Multiplier

 

This is set by the Government and changes at the beginning of every new rate year.  The product of the rateable value and the multiplier is what your bill is based upon.  It can be complicated by things such as transitional arrangements, supplements and relief and if this is the case with your particular property, then we can advise you as to whether these have been correctly applied.

 

Examples of relief include:

 

• Small business rate relief.
• Charities and community amateur sports clubs.
• Other non-profit organisations.
• Certain rural business such as village shops and petrol stations.
• Hardship relief.

 

Appealing against the rateable value?

 

We would strongly recommend that you have your rateable value checked by professionally qualified Chartered Surveyors specialising in business rates prior to appealing, as assessments can increase as well as decrease on appeal.  Savings achieved on appeals can be substantial and can be backdated significantly.  Members of The Royal Institution of Chartered Surveyors (RICS) or The Institute of Revenues, Rating and Valuation (IRRV) must follow a rating consultancy code of practice.  As well as having the rateable value itself checked thoroughly, there may be an opportunity to split or merge the assessment with another.

 

If you are new to a premises and still fitting out, then there may be ways of mitigating your rating liabilities by delaying the initial liability date.  You need to check that exemptions and relief are maximised and experts can provide strategic advice and budgetary planning.

 

This briefing note has been prepared by Howard Elliott of Baker Davidson Thomas.  For further information please contact Charles Marchant-White on Tel: 01256 320 555.

The Recession – Keep an Eye on Your Lender!

26 January 09

With  lenders trying every device to maximise their income, it is worth thinking about your banking facilities and what the future might hold.

Existing Loans and Overdrafts

The renegotiation of loans and overdrafts has been getting more difficult for some time, with lenders seeking increased margins, additional security and reductions in their exposure. One common gambit is to propose that the interest on a loan or overdraft facility should be based on a margin over LIBOR (the London Inter-Bank Offered Rate), rather than bank base rate. LIBOR is quoted for overnight rates, 3 month rates and 12 month rates. All of these rates have one thing in common: they are traditionally well above base rate, a fact that lenders may fail to highlight.  

Future Loans and Overdrafts

It is not uncommon for a verbal agreement regarding the ability to draw down additional funds to be countermanded, so it is unwise to rely on anything which is not formally contracted in writing. In addition, if the lender becomes insolvent, all bets could be off regarding extensions of loans or facilities. 

Other Facilities

The same logic applies to revolving facilities, such as stocking loans and factoring arrangements. The big downside here is that the reduction or withdrawal of funding may be sudden, leaving the business little time to make alternative arrangements – an outcome which may be catastrophic. It makes sense to review the terms of any revolving finance as a matter of urgency and to consider the possibility that access to it may be cut.  As a general rule, it is also now more risky to breach a banking covenant, as this may provide the lender with an excuse to review your agreement with it, to your disadvantage. Contact Paul Cowdery on Tel: 01256 320 555 for assistance in all maters to do with the negotiation of funding and finance contracts.

Pre-Pack Rule Book Given Thumbs-Up

06 January 09

The proposed set of rules for ‘pre-pack’ administrations (where a company goes into administration with the prospective purchaser already in place and the sale effectively a ‘done deal’) has been given the thumbs-up by insolvency practitioners and came into force on 1st January 2009.

The main advantage of a pre-pack is that the company in difficulty can continue to trade without interruption. It is argued that this allows the best price to be realised for the company. It is also argued that it allows the administrator to avoid many expenses that would normally be incurred during the period in which a buyer is sought, thereby reducing the risk to other creditors of receiving a smaller dividend. In addition, pre-packs are claimed to reduce the likelihood that the business will be put into liquidation. 

However, pre-packs have a number of opponents, including HM Revenue and Customs (HMRC), which often face a shortfall in VAT, Corporation Tax and/or PAYE when a company enters administration. HMRC have opposed a number of pre-packs in court, with varying success. A more recent alleged tactic involves the denial of VAT Registration Numbers to companies engaged in setting up a pre-pack. The rule book will go some way to ensuring that pre-packs are dealt with in a consistent and ethical way. 

If your business is in financial difficulty, contact Peter Turner  on Tel: 01256 320 555