Archive for March, 2009

Is Your Company Formation Taxable?

Thursday, March 12th, 2009

Once you have completed the company formation process, it is important to ensure you register as self-employed. The definition of self employed is; a person who’s income is made by working for themselves – not by receiving a salary from an employer.

If you are employed by someone, your national insurance and tax is deducted automatically from your salary when you get paid. However, if you are self employed this does not automatically occur. Therefore, once you have formed your company and intend to work for yourself, to comply with legal regulations you must declare your earnings to HMRC. Failure to do this within three months of your company formation could result in a substantial fine.

The current economic context has encouraged many people to form their own company. However, people in full time employment, hesitant to give up the stability of monthly salary, still want to have a contingency plan. As a result, many people are choosing to form an online business, to gain an incremental income and added security. However, once they have completed the company formation process, many people are unsure of what taxable activity actually is. Indeed, when does a prolific ebayer operating out of their spare bedroom become obliged to define their activity to HMRC?

According to HMRC, online fun turns into an online business when you can be defined as an e-trader

Are you an e-trader?
-Do you sell goods that were bought with the sole intention of re-selling them make
a profit?
-Do you make items or give a service with the intention of individual financial gain?

HMRC rules dictate that if you answer yes to these questions then you are a engaging in taxable activity and therefore must register as self-employed. HMRC have watched the increasing popularity of auction sites such as eBay with interest and regularly review prolific ebayer’s to ensure all taxable activity is accounted for.

Company Formation – What’s in a Name?

Wednesday, March 11th, 2009

One of the most important decisions you will make in the process of company formation is choosing the company name to register your business with. Before forming your company and filling out registration documents with your company name, there are certain consider:
The name you choose for you company must:
-Incorporate the word ‘Limited’ or ‘LTD’ in
-Not include certain restricted words and expressions, such as  ‘federation’, ‘international’ and ‘registration’. For more information on company name restrictions consult the Business Names Act 1985
-Not be related to central or local government
-Not be the same as or similar to other businesses, trademark or company.

If your choosen name is deemed to similar to another business, a complaint can be made to Companies House within 12 months of incorporation and as a result, you can be forced to change it . This could have a considerable negative impact on your business. Therefore, when beginning the process of company formation, it is vital you make an informed descion/ There are various ways of researching your businessness name, you can; consult both the National Business and Trade Marks Register . Patent Office and review the names index at Companies House.

Company Formation – The Required Documents

Thursday, March 5th, 2009

Ok, so you have taken the plunge and decided to form your own company, written the business plan and raised the finance. Now it is time begin your company formation – but where to start and what formation documents do you need? When forming a limited company there are four documents which you will need .These are:

Memorandum of association
This document is issued as a vital part of the company formation process. Essentially, the Memorandum of Association, establishes the company’s rules and regulations by which it will be governed.

This document sets out the following:
The company’s name.
The location of the company’s registered office.
What the company has been formed to do.
Details of the available share capital.

Articles of association
Here’s where you clarify the rules for running your recently formed company. At this stage you must state how the directors will run the company,, the company secretary and your meetings will be governed. This document is often left untouched after company formation, however, it can being amended as your company evolves

Form 10
This document provides details of the company secretary, first director(s) and the address of the registered office. All Company directors must provide their name, home address, date of birth, occupation and details of other directorships held in the last five years.

Form 12
This formation document is your company’s declaration that you will comply with all the legal requirements of company formation. It must be signed by either one of the company directors or secretary named on Form 10, or the solicitor forming the company. The signing of the document must be witnessed by a solicitor

You can get all of these documents HERE

Raising Finance For Your Company Formation

Wednesday, March 4th, 2009

Forming a company can be immensely rewarding and satisfying; however, as any entrepreneur will tell you, challenges are inherent in any business. One of the reasons why so many businesses fail is a lack of capital at inception. Raising finance for a business can be a very time-consuming affair; however, it is key for successful growth and need not be complicated.

When a company is formed, it is important that it is not under capitalized .Therefore, as it may take you some time to create the business plan itself, and it likely takes some further time before the finance actually reaches the business in the form of equity, it is vital that you give yourself time to plan. Failure to plan for the working capital expenditure required in those first few months can be a fatal or very expensive mistake.

The term ‘Finance’ can relate to many different fields: invoice discounting, overdraft, term loans, factoring, Small Firms Loan Guarantee Scheme, mezzanine finance, asset finance/leasing, equity and grants.

At this stage, it is important to establish which finance option is most appropriate to your company and likely to be available. Providers of each of these forms of finance have different requirements, and an essential element of a business plan for any finance provider, is that you understand their requirements and tailor your plan to meet them. However, it is also crucial for you to establish your own financial requirements, by setting out the following as clearly as possible:

-What sort of finance do you need and how much?
-How will you spend the money and when?
-When will you be able to repay the money?
-What are the risks?

Once you have established these facts and figures, you will have given yourself the best possible chance of raising finance

From the Perfect Business Plan to Company Formation.

Tuesday, March 3rd, 2009

The instability of the current economic climate is encouraging many people to review their future career options. While we came to terms with the demise of the ‘job for life’ concept a while ago, employees are now facing impending unemployment in an in-hospitable job seeker market. Subsequently, many more people are considering the possibility of forming their own company. But where to start?

The cynics among you will argue that perfection is unattainable. I would suggest that it depends on your definition of perfection; if business plan perfection can be defined as attaining the goals which the writer seeks, I would argue company formation and the perfect business plan are well within reach.

Every weekday in the UK, more than 1000 new companies are formed. Therefore, in theory, it must be easy to write a business plan: there are enough templates, books and online resources available to ensure that most people understand the basics of product, marketing, competition, operations, financials and strategy. However, I would suggest that this is misleading and that many new companies fail due to fundamental mistakes made at the business plan phase of the company formation process.

Obviously, different business plans will have different criteria for success/perfection. Therefore, while there is no ‘one size fits all’ step by step guide, I suggest that from that by following the simple headline tips below, you can build a plan that will provide the framework from which your business goals can be achieved:

• Highlight all the issues your business needs to address and identify if a real business opportunity exists.
• Keep it as short as possible whilst ensuring there is enough detail to build a full story.
• Use coherent forecasts and keep assumptions to a minimum. Where assumptions are necessary, use analogies with existing companies to consolidate the point you are trying to make.
• Communicate that management is key.
• Highlight the risks that are inherent in the business and explain, strategically, how you plan to address them.
• Crucially ask somebody independent to review your plan and suggest improvements and any amend.

So there we are, company formation made simple!

Company Formation Agents – Testemonials and Other Peoples Blogs

Monday, March 2nd, 2009

It’s always gratifying to receive testimonials and of course disappointing to get complaints.  In many ways, the latter are more important to the development of any business than the former.  Sure it’s great to have people say nice things about you so that you can publish them on your website, but the truth of the matter is it can lead to complacency.

The fact of the matter is, however hard you try, you can rarely please all of the people all of the time.  Sometimes, this will be down to genuine failures in systems beyond your control which just couldn’t be avoided.  This could be because of a glitch in Companies House software, a problem with payment providers or even internet hosting issues.  Other times, it can be because of bad customer service or poor communications and when that happens, we just have to hold our hands up and apologise and make good as best we can.  On occasions, it can be due to a difficult customer – we have all met them =  and whatever you do, they are just not going to be happy.

Thankfully, the number of accolades we receive from our customers far outweighs the complaints and in view of the number of companies we form and the volume of transactions that are processed, this is very gratifying.

It’s also great to see your site mentioned independently in other areas of cyberspace and we use Google alerts to keep track of such things.  A recent one http://wspsolutions.wordpress.com/2009/01/26/the-first-investment/

appeared on a new start up blog and it’s great to see how we compare to the competition