Advising on Legal Structure You are working for Goodwin & Benson Inc, a Chartered Management Consultancy Firm based in Curzon Street, London. You have been asked your expertise on legal structures of several clients and you must make a recommendation based on your 15 years of expertise and experience in this sector. Using all your knowledge, notes and information from your own personal library, please make a recommendation which is logical, fully justified and in depth. Each recommendation must be presented to the board. 1 Chip shop The local Chip Shop ‘Oh My Cod’ based on a side street, Oak Park Road within Stourbridge has been established for over 4 years. This business is owned by Alf Tucker, a man passionate about food, football and his family. Alf enjoys his work and is pleased to set up his own business after 30 years working in a shirt factory in the Black County. He was made redundant 5 years ago and this business venture has ‘been the making of him’ according to his wide Sally. Alf is looking for a partner to help refurbish his shop but doesn’t have the funds himself to carry out this work, nor any personal savings (he spend all his redundancy payment on opening the new shop 4 years ago). It may be worth noting that his brother, Adam, owns a DIY shop and substantial personal savings. Alf has some experience of DIY but is not sure of this type of work is within his realm of expertise. Alf has one O-Level in woodwork and has limited reading and writing skills. His brother however, has a degree in Business and Management from the University of Durham. Alf and his brother have a close relationship but both are unsure if working together may harm their relationship in the long term. He eagerly awaits your report and recommendation. 2 Engineering A SME (small to medium sized enterprise) called Du Point based in Campsie, Londonderry, Northern Ireland has recently expanded by recruiting a further 500 staff to its chemical engineering team. Du Pont are leading producers of nylon and export heavily to China, the States and Mexico. The Board of Directors feels that the 5 year plan for the company is crucial, especially now. He is keen to further expand and thinks now is the right time. The company currently benefit from limited liability and have an annual turnover of £3.75m. Current shareholders (family and friends) enjoy healthy returns on their investment each year and do not want the company to grow too large. They feel it may lead to certain diseconomies of scale. However, the Board’s main objective this year is just that, growth. There are now some conflicts internally and the Board require some advice. The board eagerly awaits your report and recommendation. Advising on Legal Structure 3 Hairdresser Your client is a hairdresser and has been working from his salon in Silver Street, Cambridge for the past 15 years. He (Mr Denman) is now thinking of starting up his own business but it not quite sure of the process, nor his options available. He may have the option of opening as a Sole Trader a Partnership or indeed a franchise. Mr Denman has trained with VO5 in salons in New York for many years with his partner Anton. Anton has since changed his career to fashion design and works in NYC, Paris and London but is willing to help Mr Denman financially if he needs with any new business venture he decides. Tony and Guy have been in touch with Mr Denman recently and he is favouring this option due to its prestige. There is no Tony and Guy salon in the centre of Cambridge today. It may be worth noting; Mr Denman has no savings, a poor credit history but is one of the most sought after hair dressers in the whole of Cambridgeshire. He eagerly awaits your report and recommendation. 4 Solicitors Don McClay has been working as a legal aid and part time solicitor for Hilary Carmichael Solicitors in Edinburgh for the past 3 years since graduating from law school with a LLP and a LPC from Nottingham University. Don is highly ambitious and wants to eventually own and manage his own legal practice but isn’t quite sure how to go about this process. Don has a good knowledge of legal structures of businesses from his degree but it fearful something may go wrong if he ‘bites off more than he can chew’. He stays in touch with all of his LPC class mates via Facebook, a few of which have suggested they all start up a practice together. Don isn’t sure of he trusts his friends enough to risk his £15,000 savings as he is aware of something about ‘being liable’ for any initial investment he makes but he feels he isn’t going to develop any further in his current role. Don isn’t a great risk taker and doesn’t rate himself as a great business man, but a great lawyer. He is very intelligent and has a great skills working within the legal profession and willing to work hard. He eagerly awaits your report and recommendation.