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PEOPLE | FRANCIS WILKS & JONES Cookie Duration Description; _GRECAPTCHA: 5 months 27 days: This cookie is set by Google. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. GROUNDS FOR WHICH A DIRECTOR CAN BE DISQUALIFIED Section 6 of the Company Director Disqualification Act sets out all the key areas of misconduct which can lead to a disqualification order. Over the last 20 years our team has successfully defended directors across a wide range of allegations, from the commonly cited non payment of HMRC to much more unusual claims. HOW TO ISSUE A STATUTORY DEMAND A friendly word of warning . In order to issue a statutory demand for payment, it is important that the statutory demand document itself is carefully completed.. Whilst a statutory demand for payment is not a document which is issued at court, it is very important to DEBENTURES - FIXED CHARGES AND FLOATING CHARGES Our expert team of solicitors at Francis Wilks & Jones are here to help you with any issues you might be facing in relation to debenturesand clarification
TIM FRANCIS
I am a founding partner of Francis Wilks & Jones and the head of our Restructuring & Insolvency team. Clients value my honest and straightforward approach, my deep technical knowledge, and my calm and personable manner. I have over 20 years’ experience advising on all legal matters arising from insolvencies, bankruptcies, restructuringsand turnarounds. I
WHAT HAPPENS TO THE COMPANY AFTER A MEMBERS VOLUNTARY A members voluntary liquidation is a voluntary liquidation process brought by the shareholders (members) of a solvent company.. It is often used when a company is no longer required, either because the shareholders and directors wish to move onto different projects, or because the role of the company is no longer necessary in the marketplace. It is a very beneficial tool to bring about an HOW LONG DOES A MEMBERS VOLUNTARY LIQUIDATION TAKE A members voluntary liquidation can only start when the directors of a company have reviewed the company’s financial situation and are confident that the company is solvent, and that it will be able to repay all of its debts, including statutory interest, within no longer than 12 months.. A statutory declaration of solvency to this effect must be sworn under oath by the directors of the company.CARLY MOORE-MARTIN
I am an experienced commercial litigator and have successfully acted for claimants and defendants in both the High and county courts. I am direct, thorough and responsive, always seeking to deliver on my promises and mindful of managing my clients’ objectives. I pride myself on actively listening to what clients want to achieve, dealingwith
SHEVY NARENDRA
I specialise in general commercial and insolvency litigation and have a strong track record acting for both defendants and claimants in the UK and abroad. I take pride in my work and am often complimented on my methodical and efficient approach. I endeavour to go above and beyond to achieve the best possible commercial outcome FRANCIS WILKS & JONES SOLICITORS Francis Wilks & Jones solicitors Common problems we solve together. Francis Wilks & Jones provides specialist legal advice to SMEs, directors and shareholders, private clients, banks and financial institutions, and insolvency practitioners across the UK.. We have the experience and expertise to deliver the solutions and assistance youneed.
PEOPLE | FRANCIS WILKS & JONES Cookie Duration Description; _GRECAPTCHA: 5 months 27 days: This cookie is set by Google. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. GROUNDS FOR WHICH A DIRECTOR CAN BE DISQUALIFIED Section 6 of the Company Director Disqualification Act sets out all the key areas of misconduct which can lead to a disqualification order. Over the last 20 years our team has successfully defended directors across a wide range of allegations, from the commonly cited non payment of HMRC to much more unusual claims. HOW TO ISSUE A STATUTORY DEMAND A friendly word of warning . In order to issue a statutory demand for payment, it is important that the statutory demand document itself is carefully completed.. Whilst a statutory demand for payment is not a document which is issued at court, it is very important to DEBENTURES - FIXED CHARGES AND FLOATING CHARGES Our expert team of solicitors at Francis Wilks & Jones are here to help you with any issues you might be facing in relation to debenturesand clarification
TIM FRANCIS
I am a founding partner of Francis Wilks & Jones and the head of our Restructuring & Insolvency team. Clients value my honest and straightforward approach, my deep technical knowledge, and my calm and personable manner. I have over 20 years’ experience advising on all legal matters arising from insolvencies, bankruptcies, restructuringsand turnarounds. I
WHAT HAPPENS TO THE COMPANY AFTER A MEMBERS VOLUNTARY A members voluntary liquidation is a voluntary liquidation process brought by the shareholders (members) of a solvent company.. It is often used when a company is no longer required, either because the shareholders and directors wish to move onto different projects, or because the role of the company is no longer necessary in the marketplace. It is a very beneficial tool to bring about an HOW LONG DOES A MEMBERS VOLUNTARY LIQUIDATION TAKE A members voluntary liquidation can only start when the directors of a company have reviewed the company’s financial situation and are confident that the company is solvent, and that it will be able to repay all of its debts, including statutory interest, within no longer than 12 months.. A statutory declaration of solvency to this effect must be sworn under oath by the directors of the company.CARLY MOORE-MARTIN
I am an experienced commercial litigator and have successfully acted for claimants and defendants in both the High and county courts. I am direct, thorough and responsive, always seeking to deliver on my promises and mindful of managing my clients’ objectives. I pride myself on actively listening to what clients want to achieve, dealingwith
SHEVY NARENDRA
I specialise in general commercial and insolvency litigation and have a strong track record acting for both defendants and claimants in the UK and abroad. I take pride in my work and am often complimented on my methodical and efficient approach. I endeavour to go above and beyond to achieve the best possible commercial outcome FRAUD | FRANCIS WILKS & JONES At Francis Wilks & Jones we have many years of experience of acting in claims against directors for fraud, as well as defending directors accused of fraud.We have a team in place ready to take emergency action to prevent the diversion of assets and can deal with any investigation and claim involving fraud.Contact our expert team today if you have any concerns at all about the potential fraud SOLICITOR'S LETTER BEFORE ACTION We have sent out tens of thousands of solicitor’s letters before action with fantastic results. We recover millions of pounds on behalf of our clients and have a fantastic suite of letters which are applicable to every type of circumstance. Whilst other firms simply use the same letter irrespective of the type and nature of STATUTORY DEMAND COSTS Statutory demand costs can be much cheaper than proceeding by way of normal court litigation. If a statutory demand debt is genuinely undisputed (or there are no counterclaims by the debtor), it might be sensible to proceed with a statutory demand. DEBENTURES - FIXED CHARGES AND FLOATING CHARGES Our expert team of solicitors at Francis Wilks & Jones are here to help you with any issues you might be facing in relation to debenturesand clarification
DEBT RECOVERY
Cookie Duration Description; _GRECAPTCHA: 5 months 27 days: This cookie is set by Google. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. MINORITY DISCOUNTS ON SHARES Disputes and rights of pre emption. In a private limited company, the valuation of shareholdings can be complex, and can often be the subject of dispute, particularly if a shareholder is forced to sell their shares following a fall out between owners.. If a shareholders’ agreement is in place, this may provide a right of pre-emption on share sales. RIGHTS ISSUES AND DILUTION OF SHAREHOLDING A rights issue is an offer of shares to existing shareholders giving them the right to purchase additional shares, in proportion to their existing shareholding in the company. This is often as a result of pre-emption rights dictated on the sale of another shareholder’s share when they wish to exit the company.. Share sales. If a company wants to raise capital through the issue of additional WHAT MUST THE DIRECTORS AND SHAREHOLDERS DO IN A Shareholders . In a compulsory liquidation the company is insolvent. As such. the shareholders will no longer have control over the company. All control passes instead to the liquidator and the creditors. This can be contrasted with a members’ voluntary liquidation, which is a solvent liquidation where the shareholders can appoint their own liquidator; HOW LONG DOES A MEMBERS VOLUNTARY LIQUIDATION TAKE A members voluntary liquidation can only start when the directors of a company have reviewed the company’s financial situation and are confident that the company is solvent, and that it will be able to repay all of its debts, including statutory interest, within no longer than 12 months.. A statutory declaration of solvency to this effect must be sworn under oath by the directors of the company. SECTION 7 OF THE COMPANY DIRECTOR DISQUALIFICATION ACT Set out below in full is section 7 of the Company Director Disqualification Act 1986 setting out the general provisions relating to disqualification orders, disqualification undertakings and disqualification reporting provisions. Disqualification order or undertaking; and reporting provisions FRANCIS WILKS & JONES SOLICITORS Francis Wilks & Jones solicitors Common problems we solve together. Francis Wilks & Jones provides specialist legal advice to SMEs, directors and shareholders, private clients, banks and financial institutions, and insolvency practitioners across the UK.. We have the experience and expertise to deliver the solutions and assistance youneed.
PEOPLE | FRANCIS WILKS & JONES People | Francis Wilks & Jones. We employ the best people – and the best people aren’t just technically excellent, specialised and highly experienced. They’re also good to know. Filter by legal service Banks & financial institutions Client take-on Day-to-day support Debt recovery Litigation and dispute resolution Restructuringand
FRAUD | FRANCIS WILKS & JONES At Francis Wilks & Jones we have many years of experience of acting in claims against directors for fraud, as well as defending directors accused of fraud.We have a team in place ready to take emergency action to prevent the diversion of assets and can deal with any investigation and claim involving fraud.Contact our expert team today if you have any concerns at all about the potential fraud HOW TO ISSUE A STATUTORY DEMAND A friendly word of warning . In order to issue a statutory demand for payment, it is important that the statutory demand document itself is carefully completed.. Whilst a statutory demand for payment is not a document which is issued at court, it is very important to DEBENTURES - FIXED CHARGES AND FLOATING CHARGES The floating charge in a debenture, creates a security interest over changing company assets and by its nature must allow for more freedom for a business, so the borrower can buy and sell those assets in the ordinary course of its business. The floating charge gives more scope for the company to sell, transfer or dispose of their assetsTIM FRANCIS
I am a founding partner of Francis Wilks & Jones and the head of our Restructuring & Insolvency team. Clients value my honest and straightforward approach, my deep technical knowledge, and my calm and personable manner. I have over 20 years’ experience advising on all legal matters arising from insolvencies, bankruptcies, restructuringsand turnarounds. I
WHAT MUST THE DIRECTORS AND SHAREHOLDERS DO IN A Shareholders . In a compulsory liquidation the company is insolvent. As such. the shareholders will no longer have control over the company. All control passes instead to the liquidator and the creditors. This can be contrasted with a members’ voluntary liquidation, which is a solvent liquidation where the shareholders can appoint their own liquidator;CARLY MOORE-MARTIN
Carly Moore-Martin negotiated with HMRC to address a significant debt issue. She has worked both quickly and efficiently to resolve the matter in the most commercial way possible. She set aside all my fears from the outset and was diligent, precise and really on top of everything. I would recommend her to anyone and cannot praise herenough.
SHONA HOUGHTON
Shona Houghton. I am head of the firm’s debt recovery team, regularly helping lenders, businesses and individuals recover money owed to them as quickly and cost effectively as possible and defending those facing debt claim proceedings. I have developed longstanding relationships with many of my clients and gain new ones through theirSHEVY NARENDRA
Matthew Grimm, company director. I chose Francis Wilks & Jones because they are specialists – I had been using a well-known City law firm who were doing an OK job but didn’t fill me with confidence, so I decided to switch. I’m glad I did: Shevy was excellent and got the result I wanted. Jeffrey Jenner, company shareholder. FRANCIS WILKS & JONES SOLICITORS Francis Wilks & Jones solicitors Common problems we solve together. Francis Wilks & Jones provides specialist legal advice to SMEs, directors and shareholders, private clients, banks and financial institutions, and insolvency practitioners across the UK.. We have the experience and expertise to deliver the solutions and assistance youneed.
PEOPLE | FRANCIS WILKS & JONES People | Francis Wilks & Jones. We employ the best people – and the best people aren’t just technically excellent, specialised and highly experienced. They’re also good to know. Filter by legal service Banks & financial institutions Client take-on Day-to-day support Debt recovery Litigation and dispute resolution Restructuringand
FRAUD | FRANCIS WILKS & JONES At Francis Wilks & Jones we have many years of experience of acting in claims against directors for fraud, as well as defending directors accused of fraud.We have a team in place ready to take emergency action to prevent the diversion of assets and can deal with any investigation and claim involving fraud.Contact our expert team today if you have any concerns at all about the potential fraud HOW TO ISSUE A STATUTORY DEMAND A friendly word of warning . In order to issue a statutory demand for payment, it is important that the statutory demand document itself is carefully completed.. Whilst a statutory demand for payment is not a document which is issued at court, it is very important to DEBENTURES - FIXED CHARGES AND FLOATING CHARGES The floating charge in a debenture, creates a security interest over changing company assets and by its nature must allow for more freedom for a business, so the borrower can buy and sell those assets in the ordinary course of its business. The floating charge gives more scope for the company to sell, transfer or dispose of their assetsTIM FRANCIS
I am a founding partner of Francis Wilks & Jones and the head of our Restructuring & Insolvency team. Clients value my honest and straightforward approach, my deep technical knowledge, and my calm and personable manner. I have over 20 years’ experience advising on all legal matters arising from insolvencies, bankruptcies, restructuringsand turnarounds. I
WHAT MUST THE DIRECTORS AND SHAREHOLDERS DO IN A Shareholders . In a compulsory liquidation the company is insolvent. As such. the shareholders will no longer have control over the company. All control passes instead to the liquidator and the creditors. This can be contrasted with a members’ voluntary liquidation, which is a solvent liquidation where the shareholders can appoint their own liquidator;CARLY MOORE-MARTIN
Carly Moore-Martin negotiated with HMRC to address a significant debt issue. She has worked both quickly and efficiently to resolve the matter in the most commercial way possible. She set aside all my fears from the outset and was diligent, precise and really on top of everything. I would recommend her to anyone and cannot praise herenough.
SHONA HOUGHTON
Shona Houghton. I am head of the firm’s debt recovery team, regularly helping lenders, businesses and individuals recover money owed to them as quickly and cost effectively as possible and defending those facing debt claim proceedings. I have developed longstanding relationships with many of my clients and gain new ones through theirSHEVY NARENDRA
Matthew Grimm, company director. I chose Francis Wilks & Jones because they are specialists – I had been using a well-known City law firm who were doing an OK job but didn’t fill me with confidence, so I decided to switch. I’m glad I did: Shevy was excellent and got the result I wanted. Jeffrey Jenner, company shareholder. FRAUD | FRANCIS WILKS & JONES At Francis Wilks & Jones we have many years of experience of acting in claims against directors for fraud, as well as defending directors accused of fraud.We have a team in place ready to take emergency action to prevent the diversion of assets and can deal with any investigation and claim involving fraud.Contact our expert team today if you have any concerns at all about the potential fraud GENERAL INFORMATION AND ASSISTANCE Cookie Duration Description; _GRECAPTCHA: 5 months 27 days: This cookie is set by Google. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. STATUTORY DEMAND COSTS Statutory demand costs can be much cheaper than proceeding by way of normal court litigation. If a statutory demand debt is genuinely undisputed (or there are no counterclaims by the debtor), it might be sensible to proceed with a statutory demand. DISQUALIFICATION UNDERTAKINGS Period of disqualification. The period of disqualification, whether that be by way of disqualification undertaking or as a result of a court order secured as a result of an issued disqualification claim, will usually fall into one of the following brackets: Less serious: 2-5 years. Serious: 5-10 years. Very Serious – 11- 15 years.DEBT RECOVERY
Recouping the value of credit owed by a debtor following the issue of a winding up petition. Why the client needed our help Our client, an invoice finance and factoring company, wanted legal help recovering a debt of £28,256 from aMAREVA INJUNCTION
a Mareva injunction can help preserve a defendant’s assets whilst the main claim between the two sides is subject to litigation proceedings in the ordinary way; a Mareva injunction is designed to ensure that if the claimant is successful in its litigation there are still identifiable assets against which a judgement can be enforced. DEBENTURE ADVANTAGES AND DISADVANTAGES the primary advantage of debentures for the lender is the protection that it provides – particularly in the case of insolvency. Without a debenture, the loan is unsecured, meaning the lender will be an unsecured creditor. If a lender is positioned as an unsecured creditor, it’s unlikely that the lender will recoup all the money ithas advanced.
SHAREHOLDER AND PARTNERSHIP AGREEMENTS The importance if a well drafted shareholder or partnership agreement in any business cannot be underestimated. It will provide clarity for all concerned and help avoid potentially damaging and expensive disputes if the shareholders or partners later fall out. WHAT MUST THE DIRECTORS AND SHAREHOLDERS DO IN A Shareholders . In a compulsory liquidation the company is insolvent. As such. the shareholders will no longer have control over the company. All control passes instead to the liquidator and the creditors. This can be contrasted with a members’ voluntary liquidation, which is a solvent liquidation where the shareholders can appoint their own liquidator; SECTION 7 OF THE COMPANY DIRECTOR DISQUALIFICATION ACT Section 7 of the Company Director Disqualification Act 1986. It is vitally important to take advice before agreeing to a voluntary undertaking. Whilst directors think it is a quick way to bring an end to a difficult and stressful situation - it can have a sting in the tail. Directors are now liable for personal compensation orders once020 7841 0390
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Sound advicefor better business. Experience counts... COVID-19 blog: Companies House's accounts filing extension Company Services Director Advice Assistance for IndividualsPersonal Insolvency
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FRANCIS WILKS & JONES Welcome to Francis Wilks & Jones. We are a Lexcel accredited boutique Law Firm whose aim is simple: we help our clients to do business - whether they are an individual or a corporation. We seek to minimise risk and maximise results for our clients, whatever advice they require. FWJ has a strong emphasis on commercial litigation and dispute resolution , debt recovery , commercial finance , insolvency and restructuring, company
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director and shareholder advice and director disqualification. 74 - 7 Things to Consider When Buying An Insolvent CompanyDownload PDF
75 - What Makes a Good Retention of Title ClauseDownload PDF
76 - Buying Assets From an Administrator 10 FAQsDownload PDF
77 - Ten Things to Know When Dealing With a Commercial TenantDownload PDF
1 - 10 Common Mistakes in Directors Disqualification ClaimsDownload PDF
2 - 8 Common Mistakes When Acquiring or Restructuring a DistressedBusiness
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3 - 8Â Most Common Mistakes When Setting Up A BusinessDownload PDF
4 - Common FAQs for Shareholders and DirectorsDownload PDF
5 - Directors Duties and LiabilitiesDownload PDF
6 - 10 Common Mistakes in LitigationDownload PDF
7 - Bankruptcy and Your HomeDownload PDF
8 - 10 Signs Your Business May Be in TroubleDownload PDF
9 - Personal Insolvency Terms ExplainedDownload PDF
10 - Litigation and Enforcement OptionsDownload PDF
11 - What is InsolvencyDownload PDF
12 - 4 Ways of Minimising the Risk of InsolvencyDownload PDF
13 - Company Deadlock - The OptionsDownload PDF
14 - Seeking Court Permission to Become or Remain a Director FAQsDownload PDF
15 - Director DisqualificationDownload PDF
16 - Disqualification Undertakings -Â ExplainedDownload PDF
17 - Reducing a period of disqualification -Â 14 FAQs AnsweredDownload PDF
18 - Applications to Remain a Director Despite DisqualificationTimings and Tactics
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19 - What Constitutes Unfit Conduct by Directors - 21 Commonly AskedQuestions
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20 - Directors Duties and responsibilities - What ConstitutesMisconduct. Part 1
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21 - Directors Duties and responsibilities - What ConstitutesMisconduct. Part 2
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22 - Directors Duties and responsibilities - What ConstitutesMisconduct. Part 3
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23 - Directors Duties and responsibilities - What ConstitutesMisconduct. Part 4
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24 - Directors Duties and responsibilities - What ConstitutesMisconduct. Part 5
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25 - Importance of a Shareholders' AgreementDownload PDF
26 - Minority Shareholders - A Practical Guide to Their RightsDownload PDF
27 - How Much Are My Shares Worth?Download PDF
28 - Different Types of Company Insolvency ExplainedDownload PDF
29 - Can I Re-use an Insolvent Company's Name - 10 FAQsDownload PDF
30 - Transfer of Assets Pre-Insolvency - Obtaining Permission from theCourt - 10 FAQs
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31 - Defending Claims that You Removed Company Assets Pre-Insolvency -15 FAQs
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32 - Defending a Winding-Up PetitionDownload PDF
33 - Going Bankrupt and Debts Which Are Excluded - 5 FAQsDownload PDF
34 - Paying Off or Ending Your BankruptcyDownload PDF
38 - What the court requires to grant a freezing order - Legal and evidential considerationsDownload PDF
39 - Applying for a Freezing Order - 11 Key Procedural RequirementsExplained
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40 - Freezing Orders A Practical Guide - 12 Common Questions AnsweredDownload PDF
41 - 10 Immediate Steps to Take if you have been Served with aFreezing Order
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42 - Freezing Orders - 10 Important Pre Application ConsiderationsDownload PDF
43 - Varying the terms of a freezing order - the grounds and procedureexplained
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44 - Applications to discharge a freezing order - Legal grounds andprocedure explained
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45 - How to enforce a freezing order - Key Points ExplainedDownload PDF
46 - Obtaining information from third parties - Norwich PharmacalOrders Explained
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47 - Freezing Orders and Third Parties Duties ExplainedDownload PDF
48 - Search orders - 20 Key Issues ExplainedDownload PDF
49 - Privilege Against Self-Incrimination ExplainedDownload PDF
50 - The Terms of a Freezing Order - 14 Key Issues ExplainedDownload PDF
51 - Different Types of Corporate Fraud ExplainedDownload PDF
52 - Different Types of Individual Fraud ExplainedDownload PDF
53 - Breaches of a Director's Fiduciary Duties 10 FAQsDownload PDF
54 - Compensation Orders 10 FAQsDownload PDF
55 - Directors Loan AccountsDownload PDF
56 - Misfeasance 10 FAQsDownload PDF
57 - Preferring Creditors 10 FAQsDownload PDF
58 - Ten Risks that Directors FaceDownload PDF
59 - Directors in the Twilight ZoneDownload PDF
60 - Undoing Company TransactionsDownload PDF
61 - What is an Associate?Download PDF
62 - Wrongful and Fraudlent Trading 10 FAQsDownload PDF
63 - Prosecutions by Companies House 10 FAQsDownload PDF
64 - Minority Shareholder 8 FAQsDownload PDF
65 - Non-executive Directors and Their Risk 7 FAQsDownload PDF
66 - Shadow Directors 7 FAQsDownload PDF
67 - Shareholder and Directors fall out 7 FAQsDownload PDF
68 - What can Shareholders do to control Directors? 8 FAQsDownload PDF
69 - Shareholder Powers 8 FAQsDownload PDF
70 - Shareholders Exit Company 10 FAQsDownload PDF
71 - What Decisions Can Directors Make 7 FAQsDownload PDF
72 - Ten Dangers of Not Having a Shareholders AgreementDownload PDF
73 - Ten Dangers of Not Having a Business PlanDownload PDF
74 - 7 Things to Consider When Buying An Insolvent CompanyDownload PDF
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