| Your checklist
should include: |
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Company Documentation
Are the Company Statutory Registers up to date?
These include: |
- Register of Directors and Secretary
- Register of Members
- Register of Directors Interests
- Resolutions, Board minutes, shareholders
meeting minutes
- Annual Returns
- Accounting reference date
- Registered Office
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Has there been a recent review of the internal
contractual documentation?
These include: |
- Memorandum and Articles of Association
- Shareholders Agreement(s)
- Directors Service Contract(s)
- Employment Contracts
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Has an AGM been held or have you resolved
to exclude the requirement?
Registration with Authorities: |
- Tax authorities
- Companies House (additional information
can be located at
www.companies-house.gov.uk)
- Charities Commission
- Any other relevant body e.g. Environmental
Licences, Financial Services
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Contractual Matters
Most businesses will have contracts that deal with other business
or land. Are all of the contracts / agreements up to date and
are you complying with the terms of those agreements?
Types of contract/agreement used in relation to persons: |
- Terms and Conditions with customers/suppliers
- Agency/Franchise Agreements
- Distribution / Agency Agreement
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| Types of contracts/agreements in relation
to land: |
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Intellectual Property
Do you have any registered intellectual property rights. If
so, are there licences to exploit in place?
Do you have any intellectual property rights from others, for
example: |
- Trademarks
- Computer Software
- Patents
|
Have all the relevant trademarks, patents,
and design rights been registered?
Are the registered rights being used under the correct registration
classes? |
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Competition Matters
How often is this reviewed?
Is the pricing policy reviewed and updated?
Have the relevant agreements been entered into? |
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Data Protection
Does the Company need to register under the Data Protection
Act?
Are all Employees aware of the Act and their rights under
it?
Is the Company legally compliant with Act in all areas, i.e.
employees and customers?
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In-House file management
Matters to consider for clarity include: |
- File reviews
- Checklists for clients
- Conflict information
- Up to date customer details
- Risk assessment procedure
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Accounts
Are the internal rules and procedures being followed?
Are the internal rules legally compliant?
Are the external rules and procedures being followed?
Have any points been raised by the Auditor to be implemented? |
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Insurance
How often are the insurance policies reviewed?
Does the insurance policy cover all aspects of the business
of the Company? For example: |
- Professional Indemnity Insurance
- Employees Liability
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UK Legislation
Updating |
- Responsible person
- Seminars/Courses (attended & required)
- Subscriptions
- External advisors (who, details of information
given, costing)
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| Check all documents and procedures and compliance |
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Environmental Issues
Check procedures and requirements with relevant authorities
Check taxes, levies, duties and fines
Check compliance with all activities the Company is carrying
out. |
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Employment Matters
Is the Employment Handbook of the Company up to date and incorporating
all of the legislative changes?
Are all employees aware of the changes and how to deal with
them?
Are all employees aware of the Disciplinary and Grievance Procedures
and how to implement them?
Do all the contracts of employment contain the following information:
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- Salary and review periods
- Commission and bonus
- Disciplinary and Grievance Procedures
- Sickness leave and pay policy
- Holidays
- Maternity, paternity and parental leave and pay policy
- Confidentiality
- Notice requirements
- Restraint of trade matters
- Intellectual Property rights
- Benefits i.e. pensions rights, company car, health care
etc.
- Overtime requirements
- Place of work
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Are there standard terms of work and job
descriptions available?
Are there policies dealing with matters such as: |
- Internet and Email
- Flexible Working Hours
- Discrimination
- Fair Pay
- Equal Opportunities
- Health and Safety, etc.
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Is there an external advisor on hand to deal
with enquiries?
Are full details of any relevant Union held on record? |
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Marketing Issues
Current marketing strategy
Advertising issues – target audience, mediums etc
Website issues: |
- Legal aspects relating to disclaimers
- Privacy
- Terms and conditions
- Security of client information
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