Business documents

There is a vast selection of documents and related services within LawOnline, organised into sub-sections for ease of navigation. To view more information on any document, or to purchase, just scroll down the list and click on the one you require. These are the documents and services in our business documents range. To view our personal documents see below.

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Documents

Agreeing to buy and sell

Agency agreement (BS005)

Businesses sometimes find it necessary to appoint agents in order to expand while maintaining control over the expansion. The agent will negotiate and secure contracts for the principal business in return for a commission. This document creates an agreement regulating such a situation. It also contains a clause to deal with the effect of the Commercial Agents (Council Directive) Regulations 1993, S 1 1993/3053. Please note that this document is not suitable for partnerships.

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Agreement for the supply of goods (non-retail) (BS002)

Use this document to create an agreement for selling goods to another trade party. This document cannot be used by anyone selling to consumers (i.e. persons not acting in the ordinary course of business). The agreement covers such issues as time for payment, consequences of non-payment, rights of cancellation, etc. so that the terms and conditions of this agreement are clear. Buying and selling goods is one of the most common business transactions and the one which is most likely to give rise to conflict. A supplier should therefore seek to ensure that the terms and conditions of their agreement to supply are clear, give effect to their intentions and limit so far as possible their potential exposure to liability.

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Buyer's notice to end a contract (BS006)

This document is for use when a buyer wishes to terminate a contract on the grounds that a seller has breached a condition. A condition is a term the breach of which entitles the buyer to rescind the contract in its entirety and sue for damages. Please note that breach of a warranty, which will relate to the main purpose of such a contract, does not entitle the buyer to rescind the contract and they are entitled to sue for damages only. This document allows the buyer to seek compensation for losses. Although this notice will terminate the contract in the sense that it will end both parties' obligations to perform any further actions under the contract, the contract still continues to be in place in the sense that a claim for compensation can be made for breach of contract.

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Circular letter introducing conditions of sale or purchase (BS008)

When introducing either new or replacement standard terms and conditions of sale or purchase, it is important to make sure that your supplier or customers are advised. This is a letter intended for use by an individual, company or partnership with such standard conditions of sale or purchase, seeking to incorporate such standard conditions into all future sales to, or purchases from, the recipient of this letter.

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Distribution agreement (BS001)

This distribution agreement regulates the commercial terms whereby one business, typically a manufacturer, supplies goods to another undertaking for resale or onward supply. If a business wishes to expand its operations both domestically and abroad without having to set up new branches, it can do so by appointing a distributor. Because in this arrangement the parties are two separate undertakings and do not act on behalf of each other, the business is able to avoid bad credit risks and is not liable for contractual claims brought by the end user. The establishment of a single, European market has meant that these distribution agreements have become an important business relationship. In order to ensure that the arrangement works well, it is important that there is a clear agreement between the parties.

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Letter giving notice of termination of contract (BS007)

Some contracts will contain a clause allowing a party to bring the contract to an end by giving written notice. Normally the contract will continue to run for a limited period after the notice is given, e.g. if the contract says 'terminable on 14 days' written notice', then a notice of termination given on 3 February 2014 will bring the contract to an end on 17 February 2014. This document enables you to draft such a letter. NOTE: This document is inappropriate for use in employment contract situations. It is important also that this letter is signed by a person authorised under the contract to do so.

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Notice of cancellation of order (BS010)

This is a cancellation notice in a basic format that provides for the cancellation of an order for the supply of goods or services, or both, either with immediate effect upon receipt of the notice or in accordance with any agreement under which the purchase order was made. It can used by sole traders, companies and partnerships. An order once accepted will create a contract. Unless the terms of the contract permit cancellation, an attempt to cancel an order will constitute a breach. The document should only be used where the terms of the applicable contract permit cancellation.

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Purchase order (BS009)

This document enables the preparation of a purchase order. It incorporates standard terms and conditions for the supply of goods which can be printed on the reverse side of the order. It has been drafted from the point of view of a purchaser of goods (as opposed to the seller) and is designed to protect the interests of the purchaser. The effect of incorporating these terms and conditions into any contract for the supply of goods is that both purchaser and seller are bound by the obligations set out.

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Seller-introducer commission agreement (BS004)

This document creates an agreement between a seller of goods and/or services and an introducer who will introduce the seller to a buyer (or buyers). The seller will then reward the introducer by means of a commission. The commission is calculated as a percentage of the net sale price (i.e. the amount the seller will receive from the buyer after costs have been deducted) on orders which the seller has accepted. The agreement covers two possible models: where an introducer introduces an identified buyer and earns commission only on sales to this identified buyer and where an introducer will introduce various buyers during the course of the agreement, but does not name these buyers within the agreement itself. In both cases, the introducer earns commission on all sales during the continuance of the agreement, or achieved within a reasonable period after the end of the agreement, and which mainly result from the efforts of the introducer.

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Terms and conditions for the back of a goods order form (BS003)

This document contains a set of terms and conditions that are suitable for the seller of goods to other businesses. A large volume of sales business is done in reliance upon standard terms and conditions of sale. These are commonly found on the reverse side of a seller's invoice. It is very important to take the time to read these terms and conditions in their entirety to ensure that they are appropriate for use in your individual situation. Please note that you cannot use this document if you are selling goods to consumers (i.e. persons not acting in the ordinary course of business).

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Commercial tenancy agreements

Lease of commercial premises with no rent review (CT002)

This document is a comercial property lease without any rent review. While the lease period can be any length it is ideally suited for lease periods of under five years. If the lease period is longer the process will generate a 'Deed of revocation' which the tenant can be asked to sign to prevent the tenant becoming automatically entitled to a further new tenancy. It is only appropriate for a self-contained building and should not be used where there are shared facilities. The rent is fixed and is not subject to any review. If the rent is not paid, the landlord may end the lease.

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Lease of commercial premises with rent review (CT003)

This document provides a lease that is suitable for a self-contained property being let with provision for periodic rent reviews, the purpose of which is to adjust the rent to reflect any increase in the open market rent of the property. There is a prohibition on the transfer of the lease without the permission of the landlord but such permission must not be unreasonably withheld. If the lease period is five years or longer the process will, if requested, generate a 'Deed of revocation' which the tenant can be asked to sign to prevent the tenant becoming automatically entitled to a further new tenancy.

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Licence to occupy a business premises (CT001)

Use this document to create a licence to occupy a business premises. A licence might be suitable where giving occupation is merely an act of friendship or generosity, e.g. the occupier will be sharing the premises, for example, by way of a stall or kiosk, or where the arrangement is short-term or temporary. This agreement is used where one person, be it a company, partnership or individual, gives another a personal right to occupy the premises and who is called the 'licencee'. It does not mean, however, that the licensee will have exclusive possession of the premises (exclusive possession would allow the licensee to exclude all others from the premises including the owner). Because this is a licence rather than a lease, landlord and tenant rights under a lease do not apply.

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Company formation

Formation of limited company (CF001)

You can use this process to prepare all of the documents required by the Companies Registration Office (CRO) to register either a 'Private company limited by shares' or a 'Designated activity company' (also limited by shares). The two documents required are the CRO Form A1 and the constitution. This LawOnline document process generates these two documents, also ensuring that the required details of directors, shareholders and capital structure etc. are consistent across both. Once these documents are correctly signed and witnessed, as applicable, you have everything required to make your application to the CRO to register the company.

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Contracting with a builder

Small-scale building contract (CB001)

Individuals and limited companies can use this document to create a contract with a builder to complete small-scale building work. It not intended for use where the services of an architect or engineer are being used. It is also not suitable for new builds. It is important that the work is clearly defined in this agreement so that there can be no doubt as to exactly what is expected. If there are plans and specifications for the work, details should be included within the agreement. In these specifications, it should be stated who is required to provide materials. Usually the contractor is obliged to provide the materials required to carry out the work; however, in some cases, the owner may provide the materials.

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Conveyancing

Co-ownership agreement where parties own and share a residence (CY005)

This agreement can be used by two individuals, or more, who intend to purchase a property for use as a shared residence, for the purpose of defining and governing the purchase arrangements including percentage ownership and responsibility for payment of all monies due in relation to the property. The parties to this agreement are referred to as 'co-owners'. It also defines the process for terminating the arrangement either for an individual co-owner or all co-owners in the event that one or all wish to sell their share in the property. In addition it covers eventualities such as the death of a co-owner and a default on payment of monies due.

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Family home declarations (CY002)

This document process can be used for a property conveyance. It allows the drafting of thirteen different family home declarations where the declarants can be husband and wife, civil partners, cohabitants, a single individual or a surviving spouse. The status of the declarants, as appropriate, can be single, separated and divorced or have been granted a decree of nullity. Additional clauses can also be added as required.

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Land registry transfer (CY003)

This process can be used to draft a land registry transfer document for a transfer by a registered owner of either freehold or leasehold property, compliant with rules 52 and 67 of the Land Registry Rules. The number of transferees and registered owners can one or several, as required. Where the property is taken as 'tenants in common' the shares of each transferee can be entered.

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Other conveyancing declarations (CY004)

This document process can be used for a property conveyance and allows the drafting of seven different declarations. The declarant can be one individual or several. The declarations included relate to sporting and fishing rights, section 72, no development, solvency, ground rent and planning.

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Pre-contract MUD and non-MUD enquiries (CY001)

This document process enables managing agents, and solicitors representing property management companies, to respond to pre-contract enquiries from the vendor's solicitor in relation to requisitions 36 and 37 of the Law Society's 'Objections and requisitions on title' document. The process includes drop-down menus with standard responses but also permits customised responses where necessary. Links to relevant legislation are provided where relevant. Any documents which are agreed to be provided are automatically listed in requisition 44. The responses entered are presented in the format of the Law Society document.

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Copyright and trade marks

Model photograph agreement (CP001)

This document records an agreement between a photographer and a model made in contemplation of the photographer taking photographs of the model at a photographic session. There are various options for the method of payment to the model. The agreement gives details of when and where the photo session will take place. It provides for any photographs taken to be the photographer's property and enables the the rights of both parties in relation to the use of the photographs to be defined as required.

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Photographer's agreement as to the use of his or her work (CP002)

This agreement provides for the sale of the copyright in photographic negatives. The payment can be by way of a single fee or else as a percentage of the aggregate net invoice value of all of the goods sold bearing the photographs. The moral right of having the photographs attributed to the photographer remains with the photographer.

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Trade mark licence agreement (CP003)

This is an agreement whereby one party grants another party a licence to use a registered trade mark, in connection with either the supply of goods or services, in exchange for a royalty fee. A trade mark is any sign capable of being represented graphically and which can distinguish the goods or services of one trader from those of another. A trade mark can include words, (including personal names), designs, letters, numbers, logos, 3D shapes, smells and sounds. A trade mark is essentially a badge to show trade origin and is used to promote a particular product or service. Registration with the Patents Office is required to formally register a trade mark as belonging to a particular party.

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Debt - guarantees

Guarantee by one or more persons of a loan (DT003)

If you wish to guarantee an existing or future debt of another to a creditor, you can use this document to do so. It allows for one or more guarantors. This document is suitable whether the loan has already been given, will be given at some time in the future or will be given at the same time that this guarantee is being signed. The guarantee will also allow you to enter a limit to the amount of liability in the case of default. A guarantee is a contract whereby the guarantor agrees to be liable for an existing or future liability of another (the debtor) to a lender in the event that the debtor is unable to repay it. A guarantee is unenforceable unless it is made in writing and the guarantor signs it.

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Guarantee for a loan with security (DT005)

This document can be used by individuals or companies to guarantee the debt of another, whether the loan has already been given or will be given at some point in the future. The document will allow the guarantor(s) to set a limit as to the amount of liability they will have for the debt. As security for the guarantee, this document also gives the option of depositing shares in a company or the title deeds to a property with the lender.

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Guarantee for the performance of a contract (DT004)

If you, or a company, wish to guarantee the obligations of another under a contract, you can use this document to do so. This guarantee should be made after the contract has already been signed or at the same time that it is signed as you will need to refer to the contract in the guarantee. This document allows you to place a limit on the amount the guarantor will be liable for in the case of default. This guarantee may be used to guarantee the performance of a contract by a limited company. There will often be a link between the person performing the contract and the person giving a guarantee in such cases; for example, a director of a company may guarantee the performance by the company of a contract which his/her company has entered into.

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Guarantee to creditor taking legal action (DT006)

This is not a general guarantee for the payment of a debt but is only to be used as a guarantee where the creditor has commenced legal proceedings against the debtor for payment of an outstanding debt and interest. With this guarantee, the creditor promises to cease proceedings with the understanding that if the debtor does not pay, the guarantor will pay the debt in a series of installments as specified within this guarantee. The guarantor can be either an individual or a company.

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Debt - loan agreements

Personal loan agreement (DT009)

This is a personal loan agreement for an unsecured fixed sum loaned between one or more individuals. It is appropriate for use between several individuals on either side of the contract and where the lender(s) is/are not involved in the business of providing credit. The agreement provides options for instalment payments and interest charges. This agreement is drafted in accordance with the requirements of the Consumer Credit Act 1995.

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Promissory note in basic form (DT007)

Use this document to generate a promissory note which is a written promise that the 'maker' of the note will pay a fixed sum of money to the payee either on demand or on the date specified in the note. The maker can be a limited company, partnership or individual, and the payee may be either a named person or entity, or alternatively the bearer of the note on the date it becomes payable. Note that no provision is made in this simple version for the payment of interest on the loan.

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Promissory note with interest and repayable by instalments (DT008)

Use this document to generate a promissory note, which is a written promise that the 'maker' will pay a fixed sum of money by way of installments on specified dates. The maker can be a limited company, partnership or individual, and the payee may be either a named person or entity, or the bearer of the note on the date it becomes payable. The note allows for interest to be paid on any outstanding installments.

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Debt - other

Acknowledgement of debt (DT002)

When signed, this document will acknowledge the debt that is owed - either by an individual, company or partnership - to another, the reason why the debt arose and the amount owed. This serves two very important purposes: 1. It makes it easier to prove the existence of a debt if it is later disputed. 2. It can interrupt or suspend the effect of the Statute of Limitations Act 1957 which causes a debt to become unenforceable after six years. This document can have the effect of restarting the clock and making the limitation period start afresh, although it will not have this effect if the acknowledgement is made after the limitation period has already expired or if the acknowledgement is not made to the person to whom the debt is owed (or his/her agent).

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General power of attorney to collect debts (DT001)

This document allows an individual or company to draw up a general power of attorney authorising one or more persons, or a company or firm, to collect debts on their behalf - it is strictly limited to this one purpose. You might want to use this if, for example, you are too busy to chase your debts and you therefore wish to appoint another person to do this on your behalf. This power of attorney is automatically cancelled on death, mental incapacity or if the donor person or company becomes bankrupt. This general power of attorney can also be revoked in writing at any time using the LawOnline document 'Revocation of general power of attorney' (PA003).

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Offer for making part payment of a debt via instalments (DT010)

Use this letter to make an offer to a creditor to pay a debt by instalments. With this letter, you will attach your first instalment by way of cheque. Although the creditor is not obliged to accept your offer, attaching a cheque should encourage them. It is suitable for use by an individual, as well as by a company or partnership.

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Debt recovery - Circuit Court

Affidavit of debt (CC) (DR023)

This document is relevant if you have previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on a debtor, no response has been received from the debtor as specified in the civil bill, and within the timeframes required, and all or part of the claimed amount owed remains outstanding, and as a result you have decided to apply for a judgment against the debtor. The purpose of this document is to confirm to the Circuit Court the amount of the claim still outstanding, taking account of any payments made by the debtor if any, and is one of a number of documents required to be filed with the court to apply for the judgment. All of the required documents to apply for a judgment, referred to as the 'judgment set', are available on LawOnline.

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Certificate of no appearance (DR024)

This document is relevant if you are applying for a judgment in the Circuit Court against a debtor having previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on the defendant and no response has been received from the defendant within the timeframes specified or, if also sent, to a follow-up letter giving the defendant a further 14 days to enter an appearance. The County Registrar is required to sign this document to confirm that no response has been received from the defendant. All of the documents required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.

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Circuit Court claim document pack

This pack contains the nine documents required to secure a judgment on a claim in the Circuit Court in the event that the defendant does not dispute or defend your claim, or fails to settle the full amount. This is called a 'judgment by default' and will be given by the court if all nine documents are filed and are in order. Together these nine document are referred to as the 'judgment set'.

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Endorsement and statutory declaration of service (CC) (DR022)

This document is relevant if you have previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on a debtor, no response has been received from the debtor as specified in the civil bill, and within the timeframes required, and all or part of the claimed amount owed remains outstanding, and as a result you have decided to apply for a judgment against the debtor. You may also have sent a 'Letter giving the defendant 14 days to enter an appearance' (DR021). The purpose of this document is to confirm to the Circuit Court that the civil bill was successfully served on, i.e. given to, the debtor and is one of a number of documents required to be filed with the court to apply for the judgment. All of the required documents to apply for a judgment, together known as the 'judgment set', are available on LawOnline.

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Execution order against goods (DR028)

This document is the execution order, prepared for the County Registrar to sign, directing the Sheriff to seize goods from the defendant debtor to satisfy the judgment amount being applied for and as confirmed in a sworn 'Affidavit of debt' (DR023). The process here also assumes that an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor, confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022). This is the final document to be prepared in applying for the judgment. These documents and the others required to secure a judgment against a debtor in the Circuit Court, referred to in total as the 'judgment set', are all available on LawOnline.

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Judgment by default of appearance (DR026)

This document is provided to the Circuit Court to allow it to grant a judgment order in respect of an outstanding debt in circumstances where the debtor has made no response to previous correspondence. The process here assumes an 'Ordinary civil bill and endorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022) and an 'Affidavit of debt' (DR023) has been sworn confirming the claim amount still outstanding. It also assumes that a 'Request for judgment by default of appearance' (DR025) has been prepared. These documents and the others required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.

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Letter giving defendant 14 days to enter appearance (DR021)

This letter is relevant if an 'Ordinary civil bill and indorsement of claim' (DR020) was served on the defendant and no response to this document has been received. Two letters are prepared here, one to inform the County Registrar that you are agreeable to giving the defendant a further 14 days to enter an appearance and the other to notify the defendant of this consent and the intention to seek a judgment if there is still no response within 14 days.

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Ordinary civil bill and indorsement of claim (DR020)

Use this document to make an application via the Circuit Court to recover money owed to you for goods and/or services provided or for other reasons. Interest, where appropriate, can also be claimed as well as recovery costs. When you give this civil bill to the debtor this is all that you need to do to start the legal process. Before making this application, you should ideally have already sent at least one letter to the debtor demanding payment and indicating the possibility of initiating legal proceedings if the outstanding debt is not paid. If you have not done this already, you can use the LawOnline document 'Debt collection letters for unpaid invoices' (DR008) amongst others. Please note that the Circuit Court deals only with debts between €15,001 and €75,000 in value. If the debtor fails to respond to this civil bill and fails to fully settle the outstanding amount claimed you can then proceed to apply for a court judgment that the money is owed (the documents required to apply for judgment are also available on LawOnline).

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Request for execution order (DR027)

This document is used to request the Circuit Court to issue an order to the Sheriff or County Registrar to recover the amount owed by the defendant debtor as outlined in a sworn 'Affidavit of debt' (DR023). The process here also assumes that an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022). These documents and the others required to secure a judgment against a debtor in the Circuit Court, referred to in total as the 'judgment set', are all available on LawOnline.

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Request for judgment by default of appearance (DR025)

This document is used to apply to the Circuit Court for a judgment order in respect of an outstanding debt in circumstances where the debtor has made no response to previous correspondence and some or all of the claim remains outstanding. The process here assumes an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and declaration of service' (DR021) and an 'Affidavit of debt' (DR023) has been sworn confirming the claim amount still outstanding. These documents and the others required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.

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Debt recovery - District Court

Affidavit of debt (DC) (DR018)

This affidavit, which confirms the amount of a claim still outstanding, is relevant if you have already correctly served the 'Claim notice: debt claim not exceeding €15,000' (DR016) and there has been no response to the claim notice from the debtor or the claim has not been settled in full. This document is used with the claim notice, the 'Statutory declaration of service' (DR017) and the 'Judgment (decree) by default' (DR019) to apply to the District Court for a judgment against the debtor in respect of the outstanding claim.

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Application to the small claims registrar (DR014)

The District Court small claims process is specifically designed so that you do not need to hire a solicitor or lawyer. You can use this document to make an application to the Small Claims Registrar in the District Court to recover money you are claiming is owed to you for faulty goods which you bought or for inadequate services provided to you, minor damage to property or the non-return of a rent deposit on certain kinds of rented properties. There is a limit of up to €2,000 on the amount that can be claimed under this procedure in the District Court. A copy of the completed application form will be sent by the registrar to the person or business against whom you are making the claim, called the respondent, seeking payment of the amount owed. If the respondent refuses to pay the case can then be taken to the District Court by the registrar for judgment.

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Claim notice - debt claim not exceeding 15,000 euros (DR016)

Use this document to make a claim, via the District Court, to recover money owed to you (up to €15,000) for goods and/or services provided, for example, or to make a claim for other reasons such as for liquidated damages. Interest can also be claimed on the outstanding amount where relevant as well as recovery costs. When you give this notice to the debtor this is all that is required of you to start the legal process. If the debtor fails to respond to this notice and fails to fully settle the outstanding amount claimed you can then proceed to apply for a court judgment that the money is owed (the documents required to apply for judgment are also available on LawOnline). Before making this application, you should ideally have already sent at least one letter to the debtor demanding payment and threatening to take the matter to court if the outstanding debt is not paid. If you have not done this already, you can use LawOnline documents such as 'Debt collection letters for unpaid invoices' (DR008) amongst others.

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District Court claim document pack

This pack contains the four documents required to secure a judgment on a claim in the District Court in the event that the defendant does not defend your claim or fails to settle the full amount. This is called a 'judgment by default' and will be given by the court if all four documents are filed and are in order. The four documents are the claim notice, the statutory declaration of service, the affidavit of debt and the judgment (decree) by default which together make up what is called the 'judgment set'.

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European small claims procedure (DR015)

You can use this document to claim for money owed to you by a individual or business (the defendant) located in another EU country (Member State). Depending on the details the claim is sent either to a court in your own country or to a court in the Member State where the defendant is located. This process is called the European Small Claims Procedure (ESCP). The limit on claims is €2,000, but this excludes any interest due or other related costs that you may wish to also claim. The claim can be either for money owed or for other reasons, e.g. to force the defendent to deliver goods already paid for or some other similar obligation, or to prevent a legal wrong such as trespass etc. The ESCP is intended to be a written process with no need for either party to attend court. It is also designed so that a claim can be made without the need to hire a solicitor or lawyer, thus saving on costs. This LawOnline process is only suitable where both claimant and defendant are located within the EU.

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Judgment (decree) by default (DR019)

This document is relevant if you have already correctly served the 'Claim notice: debt claim not exceeding €15,000' (DR016) and there has been no response to the claim notice from the debtor or the claim has not been settled in full. It is used with the claim notice, the 'Statutory declaration of service' (DR017) and the 'Affidavit of debt' (DR018) to apply to the District Court for a judgment against the debtor in respect of the outstanding claim.

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Statutory declaration of service of claim notice (DR017)

This document is used to confirm to the relevant District Court that a 'Claim notice: debt claim not exceeding €15,000' (DR016) has been correctly served on, i.e. given to, the individual or entity on whom the claim is being made. The individual who serves the claim notice on the respondent must sign or 'declare' this document in front of a commissioner for oaths or a practising solicitor, confirming how, where and when service was carried out. This individual is referred to as the declarant. This document is relevant if the respondent has neither settled the claim in full or indicated an intention to defend the claim and you wish to apply for a judgement against the respondent.

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Debt recovery - reminder letters

Debt collection letters for unpaid invoices (DR008)

Use this document to create two letters demanding payment for an overdue invoice (or invoices). The first letter is an initial letter demanding payment for an overdue invoice and can be sent as a 'gentle' reminder. If there is no response and you are considering beginning legal proceedings it is normal practise, though not a legal requirement, to send a letter to the debtor giving seven days for a response with payment before proceeding. The second letter is to be used for this purpose and if payment is still not made you can then take your claim to court using documents also available on LawOnline - the specific documents required will depend on whether the District or Circuit Court is used.

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Letter before legal action following earlier correspondence (DR010)

Use this document to create a final letter of demand, following previous unanswered correspondence, before considering taking court action with respect to a claim that you have made for liquidated damages or for an outstanding debt. You should have previously sent a letter to the person or business you are making a claim against, detailing how the claim arose and what the effects have been, but had no response. Without sending this letter, and if you decide to initiate legal proceedings, the court may find that you have acted unreasonably and may penalise you by disallowing or reducing the costs or interest that you might otherwise have been entitled to. Please note that you cannot use this letter if your claim relates to a personal injury you have suffered.

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Letter before legal action for an outstanding invoice (DR011)

Use this letter to demand payment of an outstanding invoice before taking action in court to recover an outstanding invoice. Without sending this letter before initiating legal proceedings, the court may find that you have been unreasonable in taking action and may penalise you by disallowing or reducing the costs or interest that you might otherwise have been entitled to.

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Reminder letter for an outstanding invoice payment (DR012)

Use this letter to remind a company or person about an outstanding invoice. The letter can be used by a business as well as a private individual.

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Reminder letter for continued outstanding invoice payment (DR013)

This is a letter of reminder from a supplier to a debtor undertaking, or individual, in relation to a continued outstanding invoice payment owing to the supplier and also provides for claiming either contractual interest or late payment interest, as well as recovery costs, under the EU (Late Payments in Commercial Transactions) Regulations 2002, where appropriate.

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Ecommerce

Commission linking agreement for websites (EC001)

Use this document to create an agreement whereby one website hosts a link to another website which offers products for sale. The website that hosts the link is referred to as the 'host site' and the website whose link is hosted is referred to as the 'target site'. When products are sold from the target site as a result of an introduction through the link, commission will be paid to the host site at the rate which you specify in this agreement. The host site acknowledges the intellectual property rights contained in the target site as belonging to the owner of the target site and nothing confers any intellectual property rights upon the host.

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Domain name transfer agreement (EC002)

A domain name is property and capable of ownership - it may be bought and sold - and this agreement records the sale of a domain name from one person or business to another. Currently in the Republic of Ireland there are no formal requirements for domain name sales or transfers to be evidenced in writing. Nevertheless, it is sensible to have a written agreement so that appropriate warranties and assurances are given.

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Privacy policy for a website (EC003)

Use this document to create a privacy policy for your website. The purpose of such a policy is to stipulate the types of personal data that your website stores and how this information is used. The document covers all the key data protection issues inherent in running a website. Once you have prepared a customised privacy policy using this document, you need to save it as an HTML page on your website. You should ensure that a link to the privacy policy is clearly signposted at least on those pages where users enter your website.

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Terms and conditions for website selling consumer goods and/or services (EC004)

This document creates standard terms and conditions for the sale of goods and/or services to consumers from a website in the Republic of Ireland. It is not suitable for a business providing financial, leisure, accommodation and transport or catering services. This document has been drafted to be used with a professionally developed website which contains the statutory information that must be provided to all consumers. It also contains an optional agreement for the terms of use of a website. You should ensure that you provide a link on your website to these terms and conditions of sale and also to an agreement containing terms of use of the website (whether or not you use the one provided with this document). These links should be clearly signposted so that they can be located easily. Both the terms and conditions of sale and the agreement for terms of use of the website should be displayed in a format which allows the user to print them out.

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Employment - contracts

Consultancy agreement (ET004)

When a client engages the services of a consultant - whether a private individual, partnership or limited company - this document should be used to draw up the terms of the consultancy. While it includes clauses covering remuneration, obligations and notice, it does not constitute a contract of employment. However, failure of either party to honour the terms of the agreement could lead to claims of breach of contract or negligence. The agreement also deals with the issue of copyright. Note that this document is not suitable for consultants working in the health and care industry or who would have contact with children or vulnerable adults. Many consultants today work through a limited company, rather than directly, and this agreement can accommodate such an arrangement. Where the consultant is an individual, this document provides that he or she will be an independent contractor and not an employee, and responsible for their own tax and PRSI.

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Employment agreement (ET006)

Employers should use this employment agreement when taking on new members of staff, either full-time or part-time. This agreement must be given to the employee within two months of starting. Failure to provide employees with a written statement of certain specific details of their employment within two months is unlawful. This agreement covers issues such as remuneration, bonuses, pensions, annual leave entitlement, lay-offs, references, illness and medical reports, company cars, restrictive covenants, disciplinary procedures, confidentiality, share option schemes, home working, teleworking and part-time working, among other matters. This agreement should be used in conjunction with an employee handbook containing more detailed HR and employment policies. You can use LawOnline's 'Employee handbook' (EP004) document for this purpose.

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Employment statement (ET003)

This document prepares a set of terms and conditions of employment. It is designed for use by employers who wish to have a very simple employment contract in place. In addition, by law, all employees must receive written particulars in relation to specific terms of their employment from their employer within two calendar months of being employed. This document covers this minimum legal requirement. It is recommended that you use this employment statement in combination with an employee handbook. You can use LawOnline's 'Employee handbook' (EP004) document for this purpose.

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Executive director's service agreement (ET007)

This document is designed for use by a limited company to set out a basis upon which an executive is employed as a member of the company's board of directors. It covers pay, bonuses, share options, pensions, annual leave, working hours, sickness, job descriptions, the working time directive, restrictions on competition, location of workplace, benefits and other ancillary matters.

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Fixed-term employment agreement (ET005)

Employers should use this fixed-term employment contract when they wish to take on an employee for a period which ends when either a specified date is reached, when a specified event has occurred or when a specified task has been completed. The agreement must be provided to the employee within two months of their start date. The agreement deals with the job description and other related matters such as annual leave entitlement, salary, sickness, benefits, disciplinary procedures, confidentiality etc. The general rule is that employers must not treat fixed-term employees less favourably than permanent employees doing the same, or largely the same, job taking into consideration, where relevant, whether they have similar levels of skills and/or qualifications.

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Low hours employment agreement (ET008)

Employers should use this employment agreement when taking on new members of staff, either full-time or part-time, where there are no set working hours. This agreement must be given to the employee within two months of starting. Failure to provide employees with a written statement of certain specific details of their employment within two months is unlawful. This agreement covers issues such as remuneration, Illness, annual leave entitlement, lay-offs, pension schemes, references, disciplinary procedures and confidentiality, among other matters. This agreement should be used in conjunction with an employee handbook containing more detailed HR and employment policies. You can use LawOnline's 'Employee handbook' (EP004) document for this purpose.

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Statement of changes in terms of employment (ET002)

This document will create a written statement confirming the changes made to an employment contract or employment statement. There are certain changes which, by law, must be confirmed in writing and others where it is not required; however, it is considered to be best practice to do so to protect the interests of both the employer and employee. The employee is required to sign this statement, confirming their consent to the change to help protect the employer against a potential lawsuit. Changes to an employee's contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and the employee. Unless specifically provided for neither party can unilaterally decide to change the contract. This requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law. This principle is not affected by the Terms of Employment (Information) Act 1994 which sets out the procedures for the employer informing the employee of any changes to the statement of the terms of employment.

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Work experience agreement (ET001)

Work experience involves a placement in which a person carries out a range of tasks and duties, more or less as would an employee; however the emphasis is on the learning aspects of the experience and the person is not paid. Work experience is often undertaken in Transition Year, the summer before starting university, during university holidays or as part of a year off. This document outlines the relevant terms and conditions of the work experience placement, the nature of the work experience and also includes the required consent form to be completed by the parents/guardians.

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Employment - discipline & dismissal

Compromise agreement (ED010)

If an employer and employee are in dispute then they may formally settle that dispute by entering into a legally binding contract called a compromise agreement. A compromise agreement can be used to settle any disputes which would otherwise have to be settled by an employment tribunal or a court. A compromise agreement will usually provide an employee with compensation. In return, the employee will agree not to pursue any legal claim that he or she may have against the employer (as well as agreeing to any further conditions that the employer may impose). Under this compromise agreement it is agreed between the employer and the employee that it represents effective and adequate compensation for having his or her employment contract terminated (whether that has occurred or will occur at a future date under the provisions of the agreement). A compromise agreement is only suitable where the parties have agreed a compromise figure. The figure will usually take account of a notice period as per the contract of employment or as per minimum statutory notice requirements.

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Employee disciplinary appeal hearing letter (ED004)

This document creates a letter to an employee asking him or her to attend a formal disciplinary appeal meeting after the employee has appealed a decision taken at a disciplinary meeting to take disciplinary action against him or her. The employee is invited to attend the appeal meeting to reconsider or review the allegations made against the employee and/or the disciplinary action taken. Subject to any contractual company disciplinary procedure that you may be obliged to follow, this is the final stage of the appeal process. If the employee is still dissatisfied with the decision then they must lodge a claim with the employment tribunal and/or other court of law as appropriate.

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Employee disciplinary meeting letter (ED002)

Use this document to create a letter to an employee asking them to attend a formal disciplinary meeting and outlining the reasons for considering disciplinary action. At the meeting the employee will be able to explain his or her conduct. After the meeting you should formally notify the employee of the decision that was made. You must also inform the employee of his or her right to appeal any decision that you have made or any action that you intend to take. To do this you can use the 'Employee disciplinary meeting outcome letter' (ED003) document also available here on LawOnline.

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Employee disciplinary meeting outcome letter (ED003)

Use this document to create a letter to notify your employee of the outcome of a disciplinary meeting. The decision can be that no disciplinary action be taken, or that an oral warning be given, or that a written warning or a final written warning be given. If the decision of the disciplinary meeting is to dismiss the employee following repeated disciplinary action, then you should use the LawOnline document 'Employee dismissal letter following previous disciplinary action' (ED009) rather than this document. If the decision is to summarily dismiss the employee on account of their gross misconduct, you should use the LawOnline document 'Employee dismissal letter for gross misconduct' (ED006).

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Employee dismissal letter after previous disciplinary action and an appeal hearing (ED009)

Use this letter to dismiss an employee after he/she has appealed a decision to dismiss made at a disciplinary meeting but the decision following the appeal hearing is still to dismiss. Please note that, in order to use this letter, the employee must have been the subject of repeated disciplinary action due to their poor performance and/or professional misconduct and must have been dismissed using a valid disciplinary and dismissal procedure. This letter also takes account of garden leave and PILON clauses if applicable. If the decision after the appeal hearing is not to dismiss, use the LawOnline document 'Employee formal appeal hearing outcome letter' (ED005) instead of this one. If the decision following this meeting is to summarily dismiss on account of their gross misconduct, you will have to use the LawOnline document 'Employee dismissal letter for gross misconduct after an appeal hearing' (ED008).

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Employee dismissal letter following previous disciplinary action (ED008)

Use this document to create a dismissal letter to an employee following previous disciplinary action and a final disciplinary meeting. This letter is the final step in the disciplinary process where the employee has previously been given at least two written warnings and has had previous meetings to discuss the matter and to give excuses and reasons. If, on the other hand, you are summarily dismissing on account of gross misconduct, you should use the LawOnline document 'Employee dismissal letter for gross misconduct' (ED006) instead of this one.

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Employee dismissal letter for gross misconduct (ED006)

In cases where an employer needs to immediately dismiss an employee without notice, i.e. summarily, on account of gross misconduct, this letter should be used. Gross misconduct might include such actions as physical violence, extremely serious insubordination, or serious incapacity through an excess of alcohol or drugs. This letter must be used in accordance with a valid disciplinary and dismissal procedure. Summary dismissal should only be used in the most serious cases of gross misconduct - otherwise the decision will not be justified.

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Employee dismissal letter for gross misconduct after an appeal hearing (ED007)

This letter should be used when an employee has appealed a decision to dismiss on account of gross misconduct and the decision of the meeting is still to dismiss. At this appeal hearing the employee should have been given the opportunity to explain his/her conduct and why the disciplinary action taken should not have been implemented. Please note that if the employee has been successful in appealing against a dismissal, you should use the LawOnline document 'Employee formal appeal hearing outcome letter' (ED005) instead of this letter to formally notify the employee of the result of the appeal hearing. If the decision following this meeting is to dismiss but not on account of gross misconduct, you will have to use the LawOnline document 'Employee dismissal letter after previous disciplinary action and an appeal hearing' (ED007), rather than this one.

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Employee formal appeal hearing outcome letter (ED005)

Use this document to send a letter to your employee following a formal appeal hearing. The letter will inform them of the outcome of the meeting, which can include that no disciplinary action be taken, that your employee receive an oral warning, a written warning or a final written warning. If the decision following this meeting is to dismiss, you will have to use the 'Employee dismissal letter after previous disciplinary action and an appeal hearing' (ED007) document, rather than this one. If the decision following this meeting is to summarily dismiss on account of their gross misconduct, you will have to use the 'Employee dismissal letter for gross misconduct after an appeal hearing' (ED008) document.

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Employee suspension letter pending investigations of allegations (ED001)

Use this letter to formally suspend an employee while you conduct an investigation into allegations made against him or her. It is designed to temporarily remove an employee from his or her post when that employee's continued presence in the workplace may involve risk, danger or embarrassment or may be prejudicial to good discipline. Note that suspension is not a punishment and, as such, there should be no loss of normal pay or pension entitlement. You may also wish to consider suspension where you have reasonable grounds for concern that evidence has been tampered with or destroyed, or witnesses pressurised. You are obliged to inform the employee as to why you have decided to suspend him or her and may use this letter to do so.

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Employment - family matters

Letter regarding date of return from adoptive leave (EE002)

Use this letter while you are on adoptive leave to notify your employer of your intended date of return to work or that you intend to take additional adoptive leave. This letter is suitable whether you are informing your employer of this return date for the first time or changing a return date that you previously provided. You should send this letter as soon as possible to ensure that you give your employer the required amount of notice which is four weeks.

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Letter to change maternity leave start date (EE004)

Use this letter to formally notify your employer that you wish to change the start date of your maternity leave. You must give your employer at least four weeks' notice before the new start date (if you are bringing it forward) or four weeks before the original start date (if you want to push the start date back. This letter is not suitable, however, for women entitled to contractual maternity leave stipluated in a contract of employment given that the conditions attaching to it may be different to those governing State maternity leave entitlement.

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Letter to change start of adoptive leave (EE001)

Use this letter to formally notify your employer that you wish to change the date that you have previously notified to start your adoptive leave. This letter is appropriate whether you are adopting a child within the Republic of Ireland or whether you are adopting a child from overseas. It should only be used by those who qualify for statutory adoptive leave from employment, i.e. those indivduals who are employees. This letter can also be used to notify your employer of your intention to take additional adoptive leave if required.

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Maternity leave letter (EE003)

Use this letter to notify your employer of your pregnancy and to provide them with the information legally required before taking maternity leave and, if relevant, addtional maternity leave. It is important that you make this notification in writing, even if you have verbally notified your employer. This letter is not suitable, however, for women entitled to contractual maternity leave stipluated in a contract of employment given that the conditions attaching to it may be different to those governing State maternity leave entitlement.

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Employment - hiring staff

General purpose ex-employee reference letter (EH001)

Use this document to create a standard reference for a current or past employee to a potential employer. It is not a legal requirement for an employer to provide an employee with a reference, unless it is a requirement in his/her employment contract. However, failure to provide a reference could leave an employer open to allegations of discrimination and you are therefore urged to provide an employee with a reference when asked. It is also important that your reference is free from language which could be discriminatory and the format of this reference should assist you in this process.

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General purpose reference request letter (EH005)

Employers should make all job offers conditional on satisfactory references. As part of this process, employers can use this document to request a reference from the applicant's previous employers. The finished document comprises a cover letter and a list of key questions about the employee's job, such as their timekeeping and attendance record. You should supply a telephone number and stamped addressed envelope to encourage a prompt response to your request and you should always seek the applicant's consent before you request a reference from their current employer.

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General purpose rejection letter (EH006)

Employers should use this document to prepare a letter to send to unsuccessful job applicants, whether or not they attended an interview. The letter advises them that they have been unsuccessful on this occasion and includes the option to keep their details for future vacancies, should they agree to this.

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Interview checklist (EH007)

Employers should use this form when interviewing job applicants. The form includes a comprehensive checklist of topics to be covered during interview, with suggestions for specific questions and the opportunity to allocate marks and give comments for each. The completed checklist can provide evidence that you have taken a consistent and fair approach to all candidates. If properly applied, this can assist in providing protection against complaints of discrimination. You should keep all completed checklists for unsuccessful applicants for at least six months for this reason.

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Job description (EH003)

Use this document to create a job description. This document can be used when recruiting staff, to assist you when conducting a staff appraisal, to attach to an employment contract or statement of terms/written particulars of terms or in order to update a previously drafted job description. This document creates three separate lists containing the duties and/or responsibilities of the role, the skills and knowledge required to perform it and required experience. There is also the option to insert an estimate of the percentage of time taken up by each responsibility or duty. The law requires an employer to provide an employee, within two months of the commencement of a job, a statement of a job description. It is also advisable for you to provide each employee with a job description as it allows you to define the employee's role and accountability and clarifies the expectations for both parties.

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Letter to an employee seeking consent to a medical examination (EP005)

This letter seeks to obtain an employee's consent and agreement to a medical examination as well as consent for the employee's doctor to provide a copy of his/her medical report to assist in the examination. It is to be used where an employee has shown symptoms of some form of illness, condition or injury which is causing the employer concern and where there is no provision in the contract of employment for a medical examination. It is worth noting that an employee has the right to refuse consent and cannot be dismissed, or threatened with dismissal, as a result of such a refusal.

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Employment - procedures

Employee handbook (EP004)

Use this 'Employee handbook' to set out all the non-contractual issues relating to employment, including key administrative procedures. By doing so, and by complying with the policies and procedures set out within it, you will minimise the risk of potential employee lawsuits, such as discrimination, harassment and unfair dismissal are minimised and an Employer's and reduce the risk of having to appear before an Employment Tribunal is reduced. Defence of such actions, which can alone can cost thousands of pounds/euros with a further additional cost to the Employer where compensation is awarded to an Employee by an Employment Tribunal.. In addition to all the subjects which must be included in the handbook, such as maternity leave and grievance procedure, etc., there are also optional clauses which you may choose to include. These include clauses relating to company cars, dress code, alcohol and drug testing, bonus schemes and stress at work, amongst others. We recommend that this document should be regularly reviewed and updated to ensure that it complies with future amendments to employment legislation.

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Licence for an employee to occupy residential accommodation (EP003)

This is a licence for an employee to occupy property owned by their employer on the basis that it is necessary for the employee to live in the property for the better performance of their duties. If the employee's occupation of the property is not genuinely required for the better performance of their duties, then the employee will have the benefit of a tenancy agreement (and the additional legal protection that it brings). There also needs to be an express term in the employee's contract of employment allowing the employee to reside in the employer's property - a typical situation where it can be used is when employing a domestic carer for an elderly employer or an au-pair. If an employer has a lease for the property (usually associated with ownership of flats) or is renting the property from a third party, then it should check whether it requires permission from the landlord before granting this licence.

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Staff appraisal form (EP002)

Use this document to create a set of forms to be used when conducting staff appraisals. This document will allow you to appraise your staff against previously set objectives and/or by rating (scoring) their performance against the specific skills and/or behavioural characteristics that are required for the role. The document also allows you to create a self-appraisal questionnaire to assist in the appraisal process and (if required) forms to record future set objectives and/or training and development needs. We recommend using the appraisal forms with an up-to-date job description.

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Employment - workplace issues

Grievance appeal letter (EH010)

If you are dissatisfied with the outcome of a grievance meeting you can use this letter to request an appeal meeting. The letter allows you to set out the grounds of your appeal and requests that your appeal meeting be dealt with by a different manager than the one who originally dealt with your grievance meeting. It also allows you to nominate a 'representative' to accompany you to the meeting, if you wish, as is your statutory right.

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Grievance letter to employer (EE009)

Use this letter to notify your employer of any grievance an employee might have and to provide them with information and background as to the grievance claimed. The grievance could relate to discrimination, harassment, victimisation, breaches of contractual obligations, breaches of employment legislation, working conditions and/or protected disclosures. It is important that you make this notification in writing, even if you have verbally notified your employer.

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Landlord and tenant

14 day warning notice for rent arrears (LP005)

This document is used to inform a tenant of a residential property that there are outstanding arrears of rent and is required to be served if the landlord wishes to terminate the tenancy in the event that the arrears remain unpaid. It is called a '14 day warning notice'. If the tenant fails to clear the arrears within the 14 day period from the service of this warning notice the landlord is then free to serve a 'Notice of termination' (also available on LawOnline - see document reference LP006) on the tenant giving 28 days notice to vacate the property.

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Housemates or flatmates agreement (LP002)

Use this agreement if you are, or are planning to, share a house or flat with another person or a group of people (maximum of 4 other people). The agreement will set out the financial (e.g. responsibility for bills) and other obligations that each housemate/flatmate will have to each other while living together in the property. Please note that this agreement is not suitable for use where you want to have an agreement to protect you financial interests while living together as a couple (where the LawOnline 'Cohabitation agreement' (FL001) should be used instead), where one of the housemates/flatmates is the landlord of the property, where there is no formal tenancy agreement or the property is not rented.

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Landlord and tenant claim notice: recovery of possession of premises (LP007)

This document is used to submit a claim to the District Court to recover possession of a residential premises for overholding, i.e. a tenant refusing to leave having been served a notice of termination, to recover possession from a tenant at will, a permissive occupant, a caretaker or a servant or to recover possession for non-payment of rent and secure payment of the outstanding amount. Please note that this document cannot be used for tenancies registered with the Private Residential Tenancies Board (PRTB) in which case the matter must be dealt with through the PRTB itself.

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Licence agreement for owner to share home (LP003)

This document creates an agreement, called a 'licence', to be used by the owner of a house, apartment or flat who wishes to take on a lodger to occupy part of the house or apartment with them. If you are taking on more than one lodger in separate rooms in your house or flat, you will need to create a separate agreement for each room. Please note that this document creates a licence and not a lease, which means that the agreement can be brought to an end much more easily than under a residential tenancy agreement and provides more protection for the owner.

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Notification to tenant failing to meet obligations (LP004)

This document is used to notify a tenant that there has been a failure, or failures, by the tenant to meet their obligations under the tenancy (including rent arrears). It cites the failure, or failures, and gives the tenant a reasonable period of time to put a remedy in place. This notification must be served first if the landlord may wish to subsequently terminate the tenancy in the event that a failure remains unremedied within the time period specified.

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Residential tenancy agreement (LP001)

This document should be used by one or more landlords of a residential property to create a tenancy agreement, either fixed-term or periodic (which then becomes a Part Four tenancy once the tenant is in occupation for more than six months). Specific clauses are included to cover gas, electrical and fire safety and maintenance etc. For furnished lettings an inventory can be included. It also provides for a guarantor where appropriate. It is suitable for lettings of houses, apartments and other residential rental accommodation generally.

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Termination of a residential tenancy (LP006)

This document can be used to terminate a residential tenancy agreement and is suitable for fixed term, initial and subsequent Part 4 tenancies as well as situations where the tenant has been in the property for less than six months (a non-fixed term tenancy becomes a 'Part 4 tenancy' once the tenant is in the property for 6 months or more every four year cycle). It also deals with situations where there is a sub-tenancy of the tenancy being terminated. This document is relevant whether or not there is a formal residential tenancy agreement in place or not.

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Non-disclosure

Mutual non-disclosure agreement (PI001)

This document produces a mutual non-disclosure agreement (mutual NDA) which allows two parties - individuals, companies or partnerships - to protect confidential information when they are negotiating a collaboration such as a joint venture. If negotiations fail, the agreement will help to protect information from being made public. Care must be taken to ensure that the information which it is intended to keep confidential is marked as being confidential. One of the hardest issues in disputes under an NDA is the determination of what information is considered to be confidential. The disclosing party is likely to draw this very widely while the receiving party will attempt to draw this narrowly. This NDA contains a very substantial list of materials which may be confidential.

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Non-disclosure agreement (PI003)

This document produces an agreement which allows one party (the discloser) to reveal to the other (the recipient) information which the discloser considers to be confidential. It is mainly designed for situations where the recipient is considering investing in the discloser and therefore needs to evaluate confidential information. In situations where there is a joint venture, where both parties need to protect their confidentiality, LawOnline's 'Mutual non-disclosure agreement' (PI001) should be used instead. One of the hardest issues in disputes under an NDA is the determination of what information is considered to be confidential. The discloser is likely to draw this very widely, while the recipient will attempt to draw this narrowly. This NDA contains a very substantial list of materials which may be confidential.

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Partnerships

Notice of dissolution of partnership agreement (PS001)

Use this document to bring a partnership to an end where either the partnership agreement specifies that the partnership can be dissolved upon the service of notice or where the partnership agreement does not say that it cannot be dissolved by notice and the partnership has been entered into for an undefined time. Once a notice of dissolution has been served it cannot be withdrawn unless all the partners consent.

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Partnership agreement (PS002)

This partnership agreement is in accordance with the Partnership Act 1890 and provides a contractual framework under which the partners should conduct themselves at all times. The agreement includes provisions in relation to the key elements that define a partnership such as management, finances and partner regulation. In addition the agreement offers many optional clauses such as those in relation to health insurance, maternity and adoption leave etc. This document is suitable for small-to-medium sized partnerships. There are no formal rules that apply to partnership agreements other than the simple principles of contract law. In fact, there is no legal requirement to enter into a partnership agreement and it is not proof of the existence of a partnership on its own - a court will look to the substance of the alleged partnership (particularly the reality of the relationship between the partners) to determine whether a partnership exists, not just the form of the agreement or lack thereof. In spite of this, an overwhelming majority of professional partnerships enter into a formal written agreement to ensure clarity and the stability of the arrangment.

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Powers of attorney

Enduring power of attorney (PA002)

An enduring power of attorney (EPA) is a legal document that enables a person (called the donor) to appoint one or more other people (called the attorney(s)) to manage their financial affairs and property, with restrictions if necessary, and also certain 'personal care' decisions if required, in the event that the donor becomes mentally incapable of doing so. This LawOnline process guides the donor through each step. EPAs are very powerful documents and it is important that you fully understand the implications of giving authority to other people for managing your affairs before you sign this document. An EPA can also be revoked if necessary - see the LawOnline document 'Revocation of enduring power of attorney' (PA004).

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General power of attorney (PA001)

If you, or a company, need to have another person or persons, company or firm to manage your affairs or the affairs of the company for a limited period of time, a general power of attorney can be used to do so. An individual may want to use a general power of attorney for a number of reasons - for example, they might be leaving the country for a period of time and need someone else to manage their affairs while they are gone. The person whom you (the 'donor') appoint to manage your affairs is known as your 'attorney'. Your attorney will be able to do anything on your behalf which he/she can legally do as an attorney. The power of attorney may be specific in that it limits the appointed attorney to performing specific tasks or it can be general allowing the attorney to do almost anything that you yourself could do. This document is suitable for use by both individuals and companies.

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Revocation of a general power of attorney (PA003)

Use this document to revoke a general or ordinary power of attorney that you, or a company, have previously granted to another person or persons. When a person, or company, appoints another person to act on their behalf under a general power of attorney, their authority to act continues until the power of attorney is revoked. The general power of attorney may normally be revoked at any time. While less common, some powers of attorney are stated to be irrevocable by the donor - it is important to ensure that the power of attorney you wish to revoke does not include such a condition.

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Revocation of an enduring power of attorney (PA004)

You may revoke an enduring power of attorney at any time prior to registration by using this document. This will cancel the power of attorney so it no longer has any effect. An enduring power of attorney only becomes effective once it is registered with the Registrar of the Wards of Court. Once registered, however, it can only be revoked with permission of the High court.

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Shareholders

Non-executive director appointment letter (SH002)

This is a letter of appointment for a non-executive director recording the terms under which the non-executive director is to be appointed. Non-executive directors are not involved in the day-to-day running of the business, but should help the company by offering an independent view on areas such as performance, standards and strategy. It also contains provisions to promote the success of the company in accordance with the latest requirements of company law.

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Shareholders' agreement (SH001)

Where two or more people, or companies, wish to carry on a business as a limited company, a shareholders' agreement should be used. The agreement sets out the duties and responsibilities of the shareholders. The shareholders may be either all individuals or all companies or a combination of both individuals and companies. This shareholders' agreement is not appropriate for public limited companies or companies with more than one class of shares.

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Trusts

Declaration of trust relating to land (DE004)

Use this document if land, or property built on land, is held in the sole name of one person and it is intended to give rights in the land or property to another person but where a simple transfer of legal title to the property to that person may be inappropriate, e.g. where one person provides the money required to purchase the property but wishes to remain anonymous at the time of purchase. This document is not suitable for use where land or property is held in the names of more than one person.

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Declaration of trust relating to land for one or two co-owners (DE005)

This document may be used where either one person holds property and wishes to declare a trust relating to its ownership or where two people hold property and wish to set out the way in which they own the property. While the document is intended for use primarily with real property, i.e. land and buildings, it may also be used for any other type of assets. The document allows the property to be held so that upon the death of the first owner, it passes either to the survivor or alternatively to one of their heirs.

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Declaration of trust relating to personal property (DE001)

Use this document to create a trust in respect of personal property; i.e. property other than land, or property built on land (sometimes referred to as 'real' property). Personal property can include personal possessions (i.e. items that you can touch and move such as vehicles, furniture, boats, collectables, etc.) and intangible assets (i.e. items that you cannot touch such as the rights to the proceeds of an insurance policy or investment; the right to receive payment of a debt; intellectual property rights, etc.). Where there is more than one beneficiary, this document will enable you to provide that the property (or the relevant part of the property) will be given, or that the debt (or the relevant part of the debt) will be passed, to the beneficiaries either in equal shares between them or in specified percentage shares. This document is not suitable for use where the item of personal property is owned by more than one person.

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Declaration of trust relating to shares (DE002)

This document allows a person, partnership or company (the nominee) to transfer their ownership in company shares to another (the beneficiary) while retaining the shares in their name. Where, for example, a company requires shareholders to fulfil certain criteria and the person to whom shares are to be given does not, this document will allow an individual or entity who fulfils these criteria to hold the shares on the latter's behalf. The person or entity who holds the shares in trust must act in accordance with the instructions of the person owning the shares, i.e. the beneficiary. This document is only suitable for company shares. There can be one or more beneficiaries.

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Simple life interest trust (DE003)

This document creates a simple trust for the benefit of a single beneficiary and his or her family. The income of the trust fund is payable to the beneficiary (called the 'life tenant') for his or her lifetime. On the life tenant's death, the income is payable to the life tenant's widow or widower and thereafter both the capital and income of the trust fund are payable to the life tenant's children in equal shares. The trust property is placed in the hands of specifically named trustees. This arrangement provides the life tenant with financial assistance during their lifetime while ensuring that control is maintained over the ultimate disposal of the capital assets to other members of the family.

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