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Fisher Jones Greenwood Solicitors Can Assist Your Business

Many people have heard of a Lasting Power of Attorney and understand that it is a legal document granting someone the authority to handle another individual’s affairs. However, a business LPA is different and is important for protecting your business and how it’s run if you become unable to run it yourself in the future.

At Fisher Jones Greenwood, we provide legal assistance to both individuals and businesses. As a business owner, it’s essential that you have a legal professional you can turn to before making crucial business decisions. We aim to be that for you.

If you would like to discuss setting up a business LPA with our solicitors, then call us on 0845 543 5700 or complete our online enquiry form.

What is a business LPA?

A business Lasting Power of Attorney, or business LPA, grants authority to your appointed attorneys to run your business on your behalf, should you become incapacitated or unable to run it yourself. The level of control given to the attorneys can be tailored to suit your individual business and its needs.

Why might you need a business LPA?

Life can be unpredictable and this means you can’t guess what may happen in the future – to you or your business. For this reason, it’s essential to know that your business will be in good hands should anything prevent you from making decisions or running it as you usually would. There are many situations where you may need a business LPA to grant authorisation to a trusted person or team. Some of these situations include:

  • Chronic Illness: If you are diagnosed with a severe illness or medical condition, like dementia, you may no longer feel confident in your ability to make business decisions. A business LPA will ensure someone is running the business as you would want them to.
  • Accident: Serious accidents can leave you injured or incapacitated. In situations like these, it’s important to focus on your recovery and leave essential business decisions to someone else who has the time and energy to complete the work thoroughly.
  • Unforeseen Circumstances: As a business owner, you may be required to travel for work. Any time you travel, there’s a chance your plans could be delayed by events beyond your control, like a natural disaster or civil unrest. In these cases, you need someone to act on your behalf for time-sensitive business decisions.

Who needs a business LPA?

A business LPA is a good idea for all business owners, as they ensure your company will remain in good hands even if something happens to you. Planning for the unexpected is always the smart thing to do, as you never know when a sudden illness or accident could leave you incapacitated. You may consider a business LPA if you’re a:

  • Sole Trader: Any person who is a sole trader should consider a business LPA because they are not a separate legal entity to their business.
  • Self-Employed Individual: Someone who is self-employed should obtain a business LPA so that someone can continue running the business in their absence. Otherwise, the operation could collapse quickly.
  • Company Director: Any company directors may want a business LPA, especially if their incapacitation is not covered by the Articles of Association or Memorandum of Association.
  • A Partner within a Partnership: If you are part of a partnership, you need a business LPA so that your attorneys can be your voice while you’re incapacitated. You want to ensure someone is representing your ideas and opinions so that the other partner doesn’t make all decisions.

What can happen if you don’t have a business LPA?

Without a proper plan in place, your business could face harsh consequences if you become unable to run things. If you don’t have a business LPA, your business could face the following consequences if anything were to happen to you in the future that meant you were unable to run your business:

  • Frozen Accounts: If you are a business owner and lose the capacity to run your business, the bank may freeze all accounts. This could be disastrous for your operations as no one will have access to necessary funds, making it impossible to do business.
  • Mismanaged Company: Without a legally binding business LPA, the day-to-day operations of your business could be handed over to someone you don’t necessarily trust. A business LPA allows you the opportunity to appoint precisely who you want and sets specific rules about the authority they will have in your absence.
  • Costly Court Proceedings: Employees of your business will have no legal claim to help run things in your absence. To gain this authority, they will have to obtain a deputyship order in the Court of Protection, which can take time and cost a significant amount in legal fees.

Our process

Setting up a business LPA follows a similar process to that of a standard LPA, however depending on your business and how it’s run, each case will be different. You can expect to follow similar steps when working with your business LPA solicitor through the process:

Step 1: First discussion about your case – when you instruct us as your solicitor, we’ll talk to you about your business, how it’s run and who you’d like to appoint as the person to step in and run it in the future if you ever became incapable.

Step 2: Choosing your attorneys – you should have a clear idea of who you’d like to appoint as your attorneys at this stage, and we’ll discuss with you whether they are the right people to appoint. We can also advise you on how much control your attorneys should have and what parts of your business they should manage.

Step 3: Drafting the document – at this stage, we’ll begin drafting the business LPA for you, ensuring we reflect your wishes. We’ll always keep you up to date throughout the process, and tailor our approach to make sure your business will be running how you want. Throughout this part of the process, your solicitor will be your certificate provider, which means they will confirm that you fully understand the business LPA and entered it willingly.

Step 4: Registering your business LPA – we’ll take care of registering your business LPA on your behalf with the Office of the Public Guardian. This will ensure it’s ready to be used if it becomes necessary in the future.

Step 5: Continued support – our job doesn’t stop there. If your business grows or changes, we can help amend your business LPA and keep it up to date.

Why choose Fisher Jones Greenwood

For more than four decades, Fisher Jones Greenwood has provided expert legal advice to individuals and businesses alike, across Essex, Suffolk and London. Whether you’ve just set up your first business or have been running one for years, we’re here to help.

Our approaches, while tailored to your unique situation, will always be clear and concise, with plain English explanations to get rid of legal jargon that can be confusing.

We’re transparent and honest with our advice and our fees, so you know where you stand and you won’t be hit with surprise costs throughout your process.

National scale, proven expertise

Fisher Jones Greenwood is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold seven Legal 500 rankings nationally, including three Tier 1.

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Contact A Solicitor Today

With over 40 years’ experience, Fisher Jones Greenwood is a long-established law firm. With several offices around Essex, Suffolk and London. Our business LPA solicitors are always on hand to help you figure out how to plan your business if you can no longer run it in the future, so get in touch to set up a business LPA or learn more. Call us on 0845 543 5700 or use our online enquiry form.

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Business LPAs – Frequently Asked Questions

I have a business partner; can they be my attorney?

If you trust them and think they will run the business how you would prefer, then a business partner or co-director can be your attorney. It isn’t a choice you should take lightly though – really consider who would be the right fit for your business.

I already have a business LPA; do I need a personal one too?

A business LPA only covers your business, it will not cover your personal affairs, such as wealth, properties and investments. If you would like to protect these assets, you will also need to set up a personal LPA.

How much control over my business do I have to give to my attorneys?

The amount of control you give your attorneys is your decision. You can set specific limits or give them a broader scope – in reality, this is still your business, and you dictate how it’s run. If you’re unsure how to divide up responsibilities to your attorney(s), our solicitors can help.

Am I allowed to cancel my business LPA at any point?

If you still have capacity to do so, you can cancel your business LPA. You may want to set up a new one with new wishes if your circumstances have changed, or just completely revoke it; whatever you decide, we’re here to help.

How long is the process of setting up a business LPA?

Each case is different, meaning the timeframes will differ depending on your unique case. However, preparing the documents can take as little as a few days. As it’s a legal requirement, your business LPA must be registered with the Office of the Public Guardian, and this can take time. Your solicitor will be able to tell you more exact timeframes once they’ve learnt about your situation.

Will my business LPA cover any decisions if I pass away?

Once you die, your business LPA will no longer be in place. This is why it’s important to set up a Will and detail how you’d like your business to be managed.

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