Skip to main content

Business LPA - Protect Your Company with a Business Lasting Power of Attorney

Business LPA - Why It's Important When You Own Your Own Business

Protecting Your Business Interests with a Business LPA

If you own a business, setting up a Business Lasting Power of Attorney (Business LPA) is a crucial step in safeguarding your company. A Business LPA, sometimes referred to as a Commercial LPA, allows your chosen attorney(s) to manage your business affairs if you're unable to do so. This is separate from your Property & Financial Affairs LPA for personal matters, ensuring that your business interests are properly handled by someone you trust.

Why Consider a Business LPA?

A Business LPA can help protect your business continuity and ensure that essential decisions are made if you're incapacitated or otherwise unable to act. However, the effectiveness of a Business LPA depends on several factors:

  • Restrictions in the Business LPA document: Specific limitations you may place on your attorney's authority.
  • The company’s articles of association: If your business is a company, the articles may impose restrictions on who can make decisions.
  • The partnership agreement: For partnerships, the agreement may detail whether an LPA attorney can act on behalf of a partner. If no agreement exists, the Partnership Act 1890 will apply.
winston-solicitors-business-lpa.jpg

Understanding Your Options with a Business LPA

  • Sole Traders: If you are a sole trader, your Property & Financial Affairs LPA can include business matters. However, ensure any restrictions in the LPA are considered. In some cases, you may not need a separate LPA specifically for business.
  • Partners in a Business: Check your partnership agreement for any terms about an attorney acting on behalf of a partner. Without an agreement, the Partnership Act 1890 will govern what actions can be taken.
  • Company Directors: If you're a director, note that a Business LPA may not cover the duties assigned to your role. A director's responsibilities are personal, meaning an attorney can't automatically act in your place. If your company uses model articles, the board of directors must make decisions regarding appointing someone to manage business affairs.

Benefits of a Business LPA

  1. Business Continuity: A Business LPA can help maintain stability during unforeseen circumstances.
  2. Clear Decision-Making: It allows for a trusted individual to make important business decisions.
  3. Protects Your Interests: Business LPAs ensure your business is managed according to your wishes.

Get Expert Advice on Business LPAs

Setting up a Business LPA requires careful consideration of your business structure and legal obligations. Contact us to discuss how a Business LPA can benefit your business and help you prepare for the future. Our experienced solicitors can guide you through the process to ensure that your business interests are fully protected.

To speak to a member of the team about Business LPAs, please contact us on 0113 320 5000 or email us at wills&probate@winstonsolicitors.co.uk.

Client feedback

The service provided was excellent. My family have used your services on three occasions. In every case we have been totally satisfied.
David. B, West Yorkshire
Emily made the whole process hassle free. Everything was clearly explained in a friendly yet professional way
Mark
My wife and I instructed Momika Wolsing of Winstons Solicitors to draw up new Wills.I am please that we did so and am happy to provide a review in this context As a former lawyer myself, I have a critical eye.We found her efficient, knowledgeable. helpful and pleasant. She has an eye for detail and knows her business.She drew up the Wills in good time.Her fees were reasonable Her support staff are also pleasant and efficient.Altogether, from first to last, we received a 5 star service and I was happy to instruct Winstons as co-executors of the Wills.
Paul
I found Winstons to be a highly professional, efficient and compassionate firm of solicitors. The original estimate of fees for dealing with a complex probate matter including the sale of a property and dealing with inheritance tax proved to be very close to the final amount charged. At all stages throughout the process I was kept well informed of progress and was consulted whenever necessary. All correspondence was polite and pertinent, and my wishes were acted upon promptly. I would have no hesitation in recommending Winstons to others and would readily use their services myself in the future should the need arise.
Anonymous
Recently I have used the services of Winston Solicitors to deal with my wife's estate and to update my will. In both cases everything was explained in straightforward language and so was easy to understand. Things were dealt with promptly and I was always kept informed of progress. The friendly approach of members of the team made a difficult situation much easier to deal with. My family will certainly seek the services of Winstons when required in the future.
David
We are very grateful to Emily and all at Winston Solictors who have gone above and beyond and been so helpful and professional. All queries were responded to quickly and it really felt llike a personal service, tailored to me. We are extremely grateful to them for everything.
Katherine
Emily SPENCER gave me a helpful and timely and efficient update of my will, problem free.
David
The work was done in a timely & professional manner
Anonymous
Contact us