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

Name: Winston Solicitors
Address: Leeds, West Yorkshire, LS8 2AL, United Kingdom
Telephone: +441133205000

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.

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

Business Continuity: A Business LPA can help maintain stability during unforeseen circumstances.
Clear Decision-Making: It allows for a trusted individual to make important business decisions.
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 @email.

Client feedback

I recently contracted Winston Solicitors to support me in obtaining a grant of probate following the death of a parent. I worked closely with Emily and found her to be supportive, have great communication and be able to navigate the IHT and probate processes very efficiently.

John

I would highly recommend Winston Solicitors to help with your personal needs.. 100% .. very professional, very helpful and considerate

Sheila

Emily looked after us ! Would recomend 100%

David

Emily was very helpful, with my change of will, explaining things, to me, making sure I understood what I was doing , a very pleasant experience for me.

Nigel

Special praise for Emily Spencer ,who is more than efficient , very thorough in her work and I am sure , a very good member of the Winstons team ! Well done her ( plus Jeremy re our registration with the Land Registry .!)

Stuart

Emily Spencer has handled our Will & Probate and has explained what we needed to know and made it a very straightforward experience. She has been extremely patient with our sometimes tardy responses.

Mr &amp; M

Having used Winston Solicitors twice, once for the sale of a house and also for Probate. Both experiences were very good, and will be using again when the need arises.

Mike

We have created our WIlls and Power of Attorney with the assistance of Emily Spencer at Winstons. Great service with everthing clearly and considerately explained and executed with us. Would thoroughly recommend Emily & Winstons to anyone seeking this type of assistance.

Suzannah