In general, modern international business transactions require in-depth knowledge of several different areas of law. For example, sections of a deal concerning the protection of intellectual property rights require knowledge of patent laws, trademark laws, and copyright laws. Another example could be sections on compliance with government requirements, which demand knowledge and understanding of often complex government restrictions on trade. Most importantly, international business transactions require fundamental knowledge of how business operates in general. Having specialized professionals handle international deals helps minimize risks and find the most effective ways to protect the client's interests.
Legal counseling of deals in England
The United Kingdom is one of the advanced global financial centers, and with well-established connections throughout Europe, it can become one of the best places for your business. The country also boasts one of the most liberal tax regimes for individuals and entities, making it particularly attractive for both reputable companies and aspiring entrepreneurs.
However, for a deal to be successful, it is crucial to understand the legal formalities of local legislation and familiarize yourself with the nuances of doing business in specific regions. A specialized professional well-versed in the legal norms of launching an investment project in England will help assess the situation correctly, have a clear understanding of the juristic consequences on the conclusion of a particular treaty, analyze potential risks, and assist in generating effective schemes to minimize them with the aim of achieving a positive outcome in deals.
Advantages of selecting English law in cross-border dealings
In the era of increasing globalization in business, entities are confronted with the decision of selecting the appropriate legislation for intercontinental deals. In the realm of worldwide business dealings, the participants often choose British law as the supervisory judicature. Notably, British law is favored for overseeing commercial deals because of its rich repository of legal preceding cases and the impartiality and reliability of British courts. English legislation boasts distinct advantages, with its global reach being particularly noteworthy.
Moreover, English courts acknowledge the advantages of intermediary and alternative debate resolution methods, which assist parties in resolving contractual disputes outside the court process., which assist parties in resolving contractual disputes outside the judicial process. London is home to a number of arbitration institutions with highly qualified mediators for the parties involved. The United Kingdom is a participant in several intercontinental agreements, including the New York Convention, providing for the two-way acceptance and enforcement of arbitration awards.
Additional advantages of choosing British law for intercontinental dealings include:
- British common law places a significant emphasis on freedom of contract.
- There are many areas where British law dominates, such as international commercial contracts, mergers and acquisitions, dispute resolution, and transnational arbitration.
- British law courts adhere to the rule of evaluating just compensation if the participants cannot agree on indemnification.
What is the point of juristic support of the dealings?
In the current dynamic career landscape, the complexity of deals is on the rise, necessitating investors to have access to legal guidance that aids in the effective management of these intricate processes. There is a growing emphasis among businesses on attaining economies of scale through corporate takeovers. Consequently, there is a demand for a streamlined and efficient post-acquisition process.
Legal transaction support ensures the legality and accuracy of all documentation and compliance with contract signing deadlines. Each transaction is unique, and professionals stay informed about current changes in the legislative framework.
Transactions must be carefully negotiated and structured to reduce potential risks and ensure timely execution. Support in various types of transactions in England was always required for both individuals and legal entities. This service involves a set of measures aimed at protecting the legal rights of clients at the time of the transaction.
Businesses need lawyers who not only have experience in supporting transactions in various industries and markets but also possess teamwork skills and can work in complex situations. We provide our clients with legal support for international transactions, including services such as:
- Pre-investment due diligence;
- Deal structuring;
- Support for the re-registration process and completion of transactions, including drafting contracts and obtaining approvals from government authorities;
- Comprehensive post-acquisition business support.
International Transaction Due Diligence
Thorough due diligence is the systematic examination and audit of a potential transaction or investment opportunity aimed at confirming all pertinent facts and financial details. This process also serves to validate any aspects identified throughout the transaction or investment procedure. Transactions subject to due diligence are more likely to achieve success. In the context of international transactions in England, due diligence plays a crucial role in facilitating well-informed decision-making by elevating the overall quality of available records for decision-makers.
Legal due diligence for dealings comprises, among extra things:
- Authentication of the legality of the deal;
- Analysis of investment conditions;
- Evaluation of the reputation of transaction participants and potential partners;
- Examination of assets involved in the planned dealings;
- Preparation of a legal opinion.
In England, according to the 2017 Regulations, one of the participants to a deal has the right to implement a simplified assessment process if it ascertains that the business correlation/dealings poses a slight chance of cash washing. Applicable circumstances for legal assessment in transactions with low financial crime peril include:
- Self-assessment by the participant to the deal/firm of risks associated with its business as a whole.
- Facts submitted by the supervising entity of the party to the transaction/firm that is pertinent or applicable.
- Dangerous factors outlined in the 2017 Regulations, including risks related to customers, products, services, transactions, or delivery channels, as well as geographic risks.
As for customer risk, one marker of lower risk is when a client falls under the requirements of national legislation that have an equivalent effect to those outlined in the Sixth Anti-Money Laundering Directive. Lower threat components include (but are not limited to) whether the client is a resident or operates in the United Kingdom or in a third country with effective preventive actions for cash cleansing.
The 2019 Regulations stipulate that parties to a transaction must apply improved due diligence to control risks in the following situations:
- Transactions deemed to have a high risk based on hazard analyses or information given by the supervisory authority.
- Commercial relationships with an entity established in a third country with a high level of risk (or concerning any relevant transaction if one of the parties to the transaction is established in a third country with a high level of risk).
- Instances where the client has provided false documents or information.
- Transactions that are complex or large, or when transactions lack an obvious economic or licit purpose.
- Any other cases that, by their nature, may pose a higher risk of money fraud.
The protocols outline an array of risk indicators that parties must consider when engaging in an international deal, evaluating the potential for a strong risk of illicit financial transactions/misconduct in a distinct scenario, and determining the scope of actions required to minimize the risk. Additionally, the regulations outline a roster of specific enhanced assessment measures that should be implemented when dealing with a business relationship involving an entity registered in a third country with a vulnerable profile. The following precautions encompass the acquisition of:
- Additional information regarding the client and the beneficial owner of the company.
- Details about the presumed nature of the business cooperation and the motivations behind the deal.
- Details pertaining to the financial source and welfare of the client and the beneficial owner, etc.
Help in drawing up an agreement
Before embarking on an international transaction in England, it is crucial to thoroughly analyze the legislative environment, study potential perils, and identify possibilities for business development and scalability. All of these aspects should be reflected in the treaty. The commercial contract is the primary document regulating business operations. The main principle of drafting a contract is that each party to the collaboration should have the ability to rely on judicial protection of its interests within the framework of the contract.
Assistance in drafting a contract involves:
- Initial consulting, which includes discussing all details of the transaction with the client.
- Determining the type of agreement needed and negotiating the key terms in the contract.
- Working through the legal formalities required when drafting a contract under English law.
- Assisting in the development of the contract draft.
How can lawyers help in supporting international transactions in England?
The role of a lawyer is to assist their client in making the most advantageous deal, which becomes particularly relevant when any changes are imminent in the business. As previously mentioned, the work of a transactional lawyer involves initially conducting due diligence on the transaction, ensuring that the parties have not provided false information and that all information has been disclosed in full. Another crucial stage is aiding in the development of transaction agreements to effectively manage the business and achieve high-performance results.
As mentioned before, the importance of a legally well-drafted contract is hard to overstate. Clarity in documenting the terms of any agreement, taking into account the requirements of current legislation and the specifics of the parties involved, helps minimize potential risks. Our team provides support in the development of contracts under English law, including but not limited to the following types of contracts:
- Non-disclosure agreements;
- Licensing agreements for the use of software, technologies;
- Marketing contracts;
- Real estate-related contracts.
Legal support for international transactions in England by our company's specialists includes representation in negotiations with partners, co-founders, and government agencies. In general, understanding the dynamics of the business and industry allows for minimizing disruptions in any transactions. We analyze the specific circumstances of your business, providing consistent recommendations on the proposed transaction.
Conclusion
Corporate transactions encompass a broad spectrum and require the expertise of specialized professionals adept at both commercial and legal perspectives. English law is frequently selected as the foundation for regulating international contractual relationships, endowing England with global competitiveness. Another advantage lies in the character of English law, which prioritizes agreement enforcement, allows flexibility in transaction structures, and acknowledges the freedom to choose applicable law and jurisdiction.
Doing business in the United Kingdom can be profitable, but clients need to be confident in obtaining the right legal and practical advice for success. Our team has experience advising clients on establishing and developing businesses in England.
We have a high level of expertise in all matters related to transactional law. We can provide consultations on British legislation, conduct document analysis for transactions, and perform legal due diligence for companies.
Our range of services also includes the following:
- Structuring businesses and conducting due diligence procedures;
- Assistance in the development of company constitutional documents;
- Drafting various types of international contracts (sales, licensing agreements, etc.);
- Support in the contract termination process;
- Preparation of legal justifications (letters, agreement drafts) for amending existing contracts;
- Consultation and support for international transactions, covering various trade and regulatory issues related to different types of trade operations, financing, etc.;
- Protecting client interests in resolving transnational disputes arising from treaties;
- Preparation and support of negotiations with foreign counterparts;
- Support in dispute resolution during the performance of contractual obligations.
