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 wills&probate@winstonsolicitors.co.uk.

Client feedback

My family and I had a great experience with Winston’s. The staff are friendly, efficient, and answer emails in a timely fashion. Monika who dealt with our case was approachable and explained things in a way that was easy for the lay person to understand. She also kept us updated regularly, which was appreciated.

Catherine

Kind, courteous service - excellent and clear communication at all stages of the process - would recommend.

Paul

I had a very good experience. Thank you 🤩

Ines

Would highly recommend Winston and particularly Monika, if you’re looking for a professional and welcoming solicitor. I have used them for the last 10 years in business and personal life. Efficient and thorough with convenient parking, plus everyone you meet is happy to help.

Helen

We used Winston's to arrange our Power of Attorney and our solicitor, Emily Spencer, was very professional and efficient, and a pleasure to work with.

John

I do not think that the service we received could be improved. We were treated like friends rather than clients - December 2025

David B, Leeds

I cannot thank Winston Solicitors enough for helping me write my Will. Thank you very much Monika.

Anonymous

The whole process of sorting out my wife's estate and a lasting power of atorney was made a relatively easy to understand process because the team we dealt with spoke to us in an easy to understand language. They also acted quickly at every stage as well as always keeping us updated if there were any delays.

David