Asset Protection

18th October 2016

Once clients have built up a successful business, their focus will naturally progress from business development to protecting the value they have built up.

We can assist in this process by assisting in assessing risk and then advising on introducing appropriate mitigation:

Robust Financial Management

  • Undertaking a voluntary or statutory audit as, both, a preventative and detective measure.
  • Introducing appropriate financial controls, timely financial reporting procedures and other examples of best practice governance.
  • Registering for the Companies House PROOF secure online submission system, to reduce the risk of being a victim of corporate identity fraud.
  • Converting higher risk property and equity investments into lower risk asset types.
  • Diversifying bank accounts and other assets, to spread your risk exposure and maximise the protection given by government backed investor protection schemes.
  • Offering cost health checks, to keep control over your key spends.
  • Undertaking competent tax compliance, to make sure you self assess the correct (minimum) amount of tax, declared and paid correctly before the appropriate deadline. This will minimise the risk of any back-taxes being identified through a future HMRC tax enquiry, records check or control visit.

Insurance

  • Offering fee protection insurance, to protect against the professional fees that would become payable from defending a claim for back-taxes from HMRC, arising after a tax investigation.
  • Advising on and offering appropriate stakeholder protection (life and keyman insurance) cover.

Corporate Finance Restructuring

  • ‘Wrapping’ a limited liability company or LLP structure around a high risk commercial activity,
  • Creating appropriate trusts and transferring wealth into these (perhaps before full succession to the next generation).
  • Establishing a group structure, to ‘ring fence’ the commercial risk into a separate subsidiary, away from valuable assets held within the parent company.
  • Holding valuable business assets, such as the tools of the trade, premises, cash and intellectual property in personal (or partnership) ownership.
  • Transferring trading premises to a self administered pension scheme.

Legals/Contracts

  • Having a succession plan, to cover retirement of key individuals or other planned ‘exit’.
  • Amending the company’s Articles of Association to amend the default company law rules on pre-emption rights, share transfers, tag along and drag along provisions, etc.
  • Advising in relation to creating appropriate shareholder/partnership agreements.
  • Making sure the Wills of key individuals are consistent with such agreements.
  • Introducing best practice HR documentation and processes.


 
Other items in Blogs
 
Ian Piper
15th April 2021 2021 SME Growth: Revenge Spending?

As we pass the Covid-19’s first anniversary of its impact on our area’s economy, accounts of local SME’s are now starting to show part of the damage they have experienced through the lock-downs and associated restrictive measures. Thankfully, through Government financial help and the nimble footwork of businesses adapting to survive, the overall effect upon…

Read More »

Jaimie King
15th April 2021 Life after CBILS: The Recovery Loan Scheme

The government-backed Coronavirus Business Interruption Loan Scheme closed on 31st March to new applicants. Thankfully, the government has put in place further support for businesses, to follow this.   The Recovery Loan Scheme – Government backed loans, 3 months – up to 6 years depending on the product – Up to £10m, no cap on…

Read More »

Vanessa Pearson
26th March 2021 6 April: A Guide to Off-Payroll Working Tax Rules

The proposed new rules apply regarding who determines IR35 status for freelancers hired by medium and large companies are imminent. Our Brief Guide will help find out how this affects you and what you can do: A Brief Guide to Off-Payroll Working Blog entry by: Vanessa Pearson

Read More »

Ben Kilby
25th March 2021 I hear a rumour…

I hear a rumour that Lloyds Agricultural banking team based in Edinburgh has been disbanded and merged within other teams around the country. Although some within the new regional teams may have some knowledge of agriculture it has been suggested that customers felt that this was not important. It seems that the agricultural specialism within…

Read More »

Fiona Mann
24th March 2021 Making Tax Digital – the next steps

Our MTD Group have produced Issue 5 of their newsletter giving details of Making Tax Digital (MTD) as it continues.   So if you are unsure of what to do next, our newsletter has information and advice how to proceed.  Don’t delay however as penalties will be introduced if submission deadlines are missed.   W&P_MTD5…

Read More »

Amanda Newman
18th March 2021 Holding residential lettings in a company

There has been an ongoing debate since the government started to reduce tax relief available on mortgage interest that having property in a company could be more beneficial.   In order to transfer the property from personal ownership there could be a CGT charge depending on the difference in value from when you bought it…

Read More »