Stan Wicks worked for some time on his own as a jobbing builder in his
local area doing repairs and improvements to people?s homes but never
anything bigger than an extension. Stan used specialist contractors
and extra labour as and when needed.
The business grows in size and Stan takes his brother Bill into the
business. Neither Stan nor Bill is an employee of the business. They
trade under the name of Stabillity Builders and have a good local
reputation
A) What is their current legal status with what financial consequences?
It has been suggested by a friend that they ought to get the
protection of a company.
B) Explain to them why this might/might not be a good idea, how it
would legally alter their financial position and how they would set
about achieving this status if they want it.
If they were to form a company Stan favours Stabillity Builders and Co
Ltd, with its existing reputation and its inclusion of both their
names as the name. Bill is proud of the family name and suggests Wicks
Property Maintenance Co Ltd. For the company?s name
C) What are the legal requirements for a company name and what legal
consequences might flow from either choice?
Stabillity Builders currently use a battered old white van, which is
becoming mechanically unsound and which Bill feels gives the wrong
image of the business. Stan, through a contact, has a chance to buy a
large quantity of wicker furniture very cheaply as bankrupt stock, but
only if the deal is signed immediately. He is sure it will sell well
to put into customers? conservatories and extensions built by
Stabillity. Bill is uncontactable on a safari holiday so Stan goes
ahead on his own signing the contract in Stabillity Builders? name.
Unknown to Stan, Bill has ordered a brand new pick up truck in
Stabillity Builders name.
D) What is the legal position if Stan and Bill each refuse to sign
cheques from the business account, which requires joint signatures,
for the truck and furniture respectively?
How, if at all would your answer differ if :-
1) They had been in the process of forming the company and had ordered
in the name that had been submitted to the Registrar of Companies?
2) They had been trading for a year as a company before the truck and
the furniture were ordered? |