Our Company and Commercial team are well-equipped to handle a full range of corporate transactional work , registration and company law compliance and general advice on starting a business in Iran and UK. We are not a large law firm. As a result our extensive experience allows us to provide a high-quality service, focussed purely on SME business owners and growth companies.
Service in Details
- Legal advice for Start-ups
We are aware for the new businesses starting up, their cash flow is crucial. However, early stages are so important to be protected by the right legal framework. Therefore, new business should not putting off in place of an appropriate legal service. In this regard, Mohaghegh & Associates has developed a range of start up packages to assist your business in Iran and the UK:
- For Private Limited Company/ Limited Liability Partnership
Formation of your company/LLP
Shareholders agreement/Members agreement
Terms and Conditions of Trade
- For Partnerships
Terms and conditions of Trade
- For the Soles Traders
Terms and Conditions of Trade
For further information and an estimate of our cost, please contact us.
- Corporate compliance
There are many ways you may choose to run your business in Iran or UK. By opting for a private limited company, the directors will have an obligation to ensure the company complies with the regulatory process. This can be more important when you are going to form your company as a foreign investor in Iran. Forming a company in the UK, also requires a compliance with Company Act 2006.
Our commercial team can assist with company formations, writing your shareholder agreement, articles of association, board and general meeting minutes and filing the company’s documents. We also follow with company directors to ensure directors do not fall foul of their legal obligations.
- Business Legal Advice
During the lifetime of your business, your business will inevitably need to change so that it can thrive and expand. The big decision that you have to make for your business are important and the outcome of those decisions are crucial for your business. At these times, we know how important it is for businesses to have not only a legal advisor with a necessary expertise but also as advisor that you can trust.
We can assist your business in connection with changes to your business structure including relocation, franchises, merger and acquisitions.
- Shareholder’s agreement
The need for shareholder’s agreement may arise on incorporation where there are 2 or more shareholders or during the business lifelong. Shareholder’s agreement is a private contract between the owners of the company. The following situations are examples of when you may need a shareholder’s agreement :
- In the private limited company to set out the main rules and functions of the shareholders
- Where a new shareholder is to be appointed or the percentage holding of the shareholders are to change
- In a joint venture, where the duration and nature of the relationship between the parties needs to be clarified
- In management buyouts and mergers where the landscape for the structure will change from the existing shareholder relationship
In comparison to UK law, Iran regulations are less clear regarding the validity of shareholder’s agreement. Therefore, considerable attention needed when you are going to entre a shareholder’s agreement for your business in Iran.
At a later date of your business you may have differing views on the direction the business should take, and there is always an immanent risk that personal circumstances can change for a person holding shares. For these reasons, this is imperative that the future planning on how the shareholders will act is documented while shareholders are in agreement. In the absence of the shareholder’s agreement, unless the shareholders can agree on every aspect of the business, it will be difficult to reach a resolution when the owners are in dispute.
In Mohaghegh & Associates, our trusted solicitors will advise you on the main provisions to be included in the agreement and any particular requirements the owners want to include.
The agreement usually set outs:
- The shareholders’ rights and obligations
- How general and specific decisions will be made
- The process for creating new shares in the company
- Pre-emption rights and the process for selling the company shares
- The roles of the directors and management of the company
A carefully prepared shareholders’ agreement will reduce the potential conflict at a later date by making sure that the business owners are clear on how the business will be run and how the relationship between the shareholders will work, from the beginning day.
Given the speciality of Iran company law and Commercial Act 1969, the responsible solicitor must ensure that the shareholder’s agreement is valid and enforceable.