Business owners risking future with poor protection

By Garricks Solicitors

15 Mar 2013

Lancashire’s business owners are jeopardising future success by failing to put in place appropriate shareholder protection, according to one of the region’s leading corporate lawyers.

Shareholders’ agreements are used to spell out the ownership structure of a business, the decision making process, and what should happen in the event of a dispute.

Andy Herricks, corporate partner at Garricks Solicitors in Blackburn, says the owners of many businesses, particularly family firms, do without a shareholders’ agreement because they believe that close personal relationships between people involved in the business will allow them to overcome any problems.

However, he says the continuing recession has exposed the weaknesses in many business relationships leaving warring factions with a significant legal and financial headache.

Andy said: “People rush into business together with the best of intentions, but often without considering the long term and what might potentially go wrong as the business develops. They avoid putting agreements in writing because they think there is no need to upset the apple cart, or to pay for legal advice.

“However, situations change and even close family relationships and friendships can break down when a business comes under pressure. With no paperwork to fall back on, shareholders can very quickly find themselves in a lengthy and costly legal scrap. We’ve seen a noticeable increase in the number of people coming to see us for advice following the breakdown of a business relationship.”

According to Andy, a great deal of time, money and anguish could be saved by implementing appropriate shareholder protection from the outset and regularly reviewing the documentation as the business grows and personal and family circumstances change. He added: “People should consider the worst case scenarios, for example, what should happen when a shareholder dies, becomes bankrupt or walks out on the business. They should also consider how shares are to be valued and what would happen if a third party offers to buy the business. A little time spent addressing such issues at an early stage will save a lot of heartache down the line if things turn sour.”

Enjoyed this? Read more from Garricks Solicitors

Latest news

1

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

2

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

3

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

4

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

5

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026 - 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026 - 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026 - 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026 - 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin