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A guide to corporate law
Nov 2024
Corporate
6 MINS

At Hay & Kilner, we understand that corporate law can be daunting, whether you're forming a new company, managing mergers, or ensuring your work is in line with current regulations, it’s important to ensure everything is done with the law in mind.

Our goal is to provide you with clarity and expert legal guidance, helping you understand and manage the legal frameworks that drive your business to success. Our approach is simple — we clarify the complexities of corporate law, ensuring you’re well-informed and confident in your legal decisions.

A simple overview of corporate law in the UK

Corporate law focuses on how corporations are created, operated, and closed down. It covers the legal aspects of all interactions involving companies, organisations, and businesses, making sure they follow the law from start to finish.

But what’s the meaning of a corporate lawyer? Our corporate lawyers help companies comply with certain laws while handling transactions that could be legally deemed as risky, for instance managing the complexities of intellectual property infringement, ensuring that throughout this process there is no loss of revenue or damages for you and your business. By promoting fair and legal business practices, this area of law also safeguards the interests of shareholders, employees, and consumers.

The different types of corporate law

To better understand corporate law, let’s take a closer look at its various types which include:

  • Company formation and structure: Dealing with the creation of companies and other business entities, deciding the best structure based on the needs and strategy of the business.

  • Mergers and acquisitions (M&A): Governing the process of one company merging with another, or one company acquiring another. This includes due diligence, negotiation, and execution of the transaction.

  • Corporate governance: Ensuring that the companies comply with legal standards and best practices in management and operations. This includes everything from director responsibilities to shareholder rights.

  • Corporate finance: Related to the methods corporations use to fund their enterprises, secure financing, and manage financial resources responsibly.

  • Intellectual property rights: Managing the protection and use of intellectual property within a corporate context.

What’s the difference? Commercial law v corporate law

While these two areas of law are often intertwined, commercial law and corporate law have distinct focuses:

Commercial law deals with the rules related to business transactions and the daily operation of a business, covering areas like contracts, trade, and sales. In contrast, corporate law specifically targets the structure and governance of corporations, including company formation, shareholder rights, and corporate management.

While both fields overlap, corporate law mainly focuses on how corporations are managed and meet regulatory standards, whereas commercial law is concerned with the legal aspects of business transactions.

The key principles of corporate law

  1. Legal personality: Corporations are seen as separate legal entities from their owners, meaning they can own property, have debts, and can be sued independently.

  2. Limited liability: This principle ensures that shareholders' personal assets are protected from the corporation's debts and liabilities.

  3. Transparency: Corporations must keep clear records and regularly report their activities to maintain accountability and transparency to shareholders and regulators.

  4. Director's duties: Directors are required to act within their legal powers, work towards the company's success, make independent decisions, and apply reasonable care, skill, and diligence in their roles.

What is the role of a corporate law team?

A corporate law firm in the UK has the role of helping businesses meet all legal requirements and make strategic legal decisions that influence the company's future. At Hay & Kilner, we handle a wide range of activities, from writing contracts to advising on corporate governance, with one clear goal — to ensure your business's success and legal integrity.

How could corporate law solicitors help you?

The Hay & Kilner team is here to ensure your business not only remains compliant with the complex web of UK corporate laws but thrives under our expert legal knowledge. Our corporate law solicitors can help you manage your company’s legal framework, from initial company formation to daily operations and pivotal corporate events.

We offer business-focused advice in the following areas:

  • Acquisitions and disposals of companies and businesses
  • Management buyouts
  • Mergers
  • Joint ventures
  • Private equity investment
  • Group reorganisations
  • Shareholders’ Agreements (including share option agreements)
  • Articles of Association

Whether you are dealing with mergers, acquisitions, restructuring, or regular corporate governance, we can ensure that all legal requirements are met and your interests stay protected.

Hay & Kilner: your trusted corporate law team

If you require corporate law advice and services in the North East, look no further than our established team. We work alongside private investors and businesses, covering all aspects of corporate transactions.

It’s important to us that we get to know you and your business to ensure straightforward advice without the fuss. For a better insight into how we work with our corporate clients, take a look at our M&A Overview 23/24 on our corporate law service page. It’s our look-back on activity in the deals market over the past 12 months, from refinancing to reorganisations.

Get in touch with our team today and enhance your business journey with the legal expertise of Hay & Kilner.

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‘Hay & Kilner’ and ‘Hay & Kilner Law Firm’ are both trading names of Hay & Kilner LLP, a limited liability partnership registered in England & Wales with registered number OC418767. Our registered office is at The Lumen, St James' Boulevard, Newcastle Helix, Newcastle upon Tyne NE4 5BZ and we are authorised and regulated by the Solicitors Regulation Authority (Authorisation number 643191). We use the word ‘partner’ to refer to a member of Hay & Kilner LLP. A list of the members is available at our registered office.