Services / Technical advice

Technical advice for employee-owned businesses

The transaction is where the questions start, not where they end. We advise employee-owned businesses on everything that comes after — whoever handled the original deal.

Who this is for

Already employee-owned, and facing a question

Many of the businesses we advise did not become employee-owned with us. Their transaction was completed by a law firm or accountancy practice — competently, in most cases — and then the adviser moved on to other work. Two or three years later a question arrives that the documents do not quite answer, and there is nobody to ask.

That is where we come in. Because employee ownership is our entire practice, the question that feels novel to your board is usually one we have dealt with several times before.

What we advise on

The questions that arrive after completion

Governance

How the trustee board and company board should work together — and what to do when they don't. Board relationships, information rights, reserved matters and employee voice.

Constitutional documents

Articles of Association and Trust Deeds that no longer fit how the business actually runs — reviewing, amending and modernising them without breaking the EOT conditions.

HMRC matters

Qualifying conditions, disqualifying events, clearances, and the tax-free bonus rules — including fixing positions that were set up incorrectly at the outset.

Trustee issues

Trustee appointments and retirements, conflicts of interest, trustee duties, and what a trustee board should actually do between meetings.

Tax and funding

Deferred consideration that is straining cash flow, refinancing the vendor debt, and the tax treatment of contributions, bonuses and distributions.

Commercial change

Acquisitions, disposals, new share classes, incoming investors, and future succession — significant events that interact with the ownership structure in ways worth understanding early.

How it works

One question, or a standing relationship

Some clients come to us with a single, well-defined question and need nothing more. Others ask us to review their governance annually, or keep us retained so their trustees always have someone to call. We are deliberately flexible about this — the engagement should fit the need, not the other way round.

Wherever possible we quote a fixed fee before we start. Where reserved legal activities are required, we work alongside regulated law firms, including Spencer West LLP.

Related reading

Useful resources

Have a specific question? See our employee ownership FAQs.

Have a question your documents don't answer?

Describe it in a paragraph. We will tell you whether it is quick, complicated, or something you can safely stop worrying about.

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