Owner Managed Businesses – What legal documents do you need?

By Brabners LLP

11 Jul 2022

shutterstock_1277806525.jpg

We recognise that a large number of owner-managed businesses (“OMB”) are based and growing in Lancashire, with Preston, in particular, being identified as the third most thriving city for businesses in the UK, based on data collected between 2014 – 2020 by SME payment provider, Dojo.

With a multitude of things to think about when developing and growing an OMB, it can be quite daunting to then also fully consider what legal documents you should have in place to best protect your business. It is essential, however, that an OMB protects its businesses right from its infancy by putting various legal documents in place to manage risk, to then updating and adding to those where appropriate.

In order to assist with this task, we have put together a non-exhaustive list of three key areas to consider:

Protecting your exposure

We understand that a lot of OMBs will have built up strong client relationships and often prefer a personable approach to conducting business. However, relying on relationships can be unnecessarily high risk.

We would always recommend protecting your business and its arrangements by agreeing or using well-drafted and formal written terms and conditions, that include the specific arrangements between the parties. Such contracts can range from standard terms and conditions for the supply of goods and/or services to distribution agreements, confidentiality agreements or brand licences.

A well-drafted contract will allow each party to expressly state their obligations and rights along with payment terms and liabilities. Failing to have such contracts in place will leave any business open to significant, and potentially costly, risks. Take a look at our previous article highlighting the importance of contracts.

Protecting your website

When setting up a new website for your business, it is natural to focus more on the content and aesthetic than the legal documents. However, there are many legal and procedural hoops that a website owner must comply with, such as content regulation and data protection.

Some of the key documents that we recommend a website owner has include:

Website Terms of Use - details of the website owner/business including contact details, permitted use of the website, links to other policies (such as privacy and cookies policies), disclaimers of liability for content on linked sites and website availability. Privacy Policy - details of how data is collected, the different types of data and uses for it including how it may be shared, how data is protected together with the customers rights. Acceptable Use Policy - details of the standards that apply when customers upload content to the website and prohibited uses of the website. Website Terms and Conditions - necessary where there is a supply of goods and/or services and particularly important if goods/services are sold directly from the website. Such terms are heavily tailored depending on the type of goods and/or services sold.  Cookies Policy - information on the types of cookies used, details of the specific cookies used and information on a customer’s preferences.

It is important for such customer/client facing documents to be easily accessible and in plain English. This will allow every-day visitors of the website to fully understand their rights, how to interact with the website and how data is handled.

Protecting your intellectual property

Whether you are a small, medium or large business, you will have naturally generated some intellectual property (“IP”). This could be anything from your unique business name or logo to the way your products look or are made.

In certain situations, the UK recognises unregistered rights in a brand due to use of it over time, whereas others will require registration. A business will benefit from much stronger protection of its IP rights if it seeks to register them.

Registered IP rights can be anything from trade marks (being a sign that can distinguish the origin of good/services from those of a competitor to that of another and can include words, logos, shapes or a combination of elements) to patents (being a registerable monopoly right, which protects inventions). For further information, we would recommend taking a look at our blog setting out what intellectual property protection is and what it entails.

Our Commercial and IP team can take the load off OMBs by advising on, and assisting you with, the preparation any of the aforementioned documents or protection of your intellectual property rights, based on your individual business needs.  

For more information on what you may need to address to best protect your individual business, please contact a member of our Commercial or IP team.

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “LBV” and a member of our team will be happy to assist you.  

If you would like to receive more content like this, please head to our website where you can subscribe to receive regular updates of current articles and events.

Latest news

1

Lockheed Martin Skunk Works and BAE Systems’ FalconWorks announce strategic collaboration Collaboration between BAE Systems FalconWorks and Lockheed Martin Skunk Works

Lockheed Martin Skunk Works and BAE Systems’ FalconWorks announce strategic collaboration

09 Sep 2025

2

High street retailers urged to ‘take advantage’ of new funded support programme Brian Moore, Lee Johnson, Anne Williamson and Andrew Leeming

High street retailers urged to ‘take advantage’ of new funded support programme

08 Sep 2025

3

Beaverbrooks invest in the high street in difficult conditions Mark Adlestone And Anna Blackburn Beaverbrooks

Beaverbrooks invest in the high street in difficult conditions

08 Sep 2025

4

Preston City Council invests £250,000 in NW Mutual NW Mutual chief exec Dave Burke and Valerie Wise and Matthew Brown from Preston City Council

Preston City Council invests £250,000 in NW Mutual

08 Sep 2025

5

Profit before tax doubles for Eric Wright Group in latest results Jeremy Hartley

Profit before tax doubles for Eric Wright Group in latest results

08 Sep 2025

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
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

LBV124 September/October Launch Event
MBP Arc Cinema Preston Opening 205
Networking
18 Sep 2025

LBV124 September/October Launch Event

The Arc Cinema, Preston, PR1 2BL

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
17 Sep 2025 - 17 Sep 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation
Chorley Council breakfast event new
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Your Business, Your Region: Making sense of devolution and Local Government Reorganisation

Worden Hall, Leyland, PR25 3DH

08:00 - 11:00

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

The Marketing Meetup IRL: Lancashire - September
TMM Lancashire
LBV Hub Networking
25 Sep 2025 - 25 Sep 2025

The Marketing Meetup IRL: Lancashire - September

Chorley, PR7 2SL

18:00 - 20:00

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin