Get your business Brex-fit

BrexitGet your business Brex-fit

Commercial contracts health check

From termination clauses, to pricing mechanisms and territorial restrictions, our health check will quickly establish if your business will be affected by Brexit, or indeed may already be.

Many UK businesses will have commercial arrangements in place that have their roots in EU law. Even though there is likely to be a period of at least two years until the UK officially withdraws, contracts may be affected by the uncertainty in the market. Our high level review will focus on any provisions that are significantly influenced by EU regulations and which may be expected to change, depending on the agreement reached between the UK and the EU.

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What is involved?

The health check includes four simple steps:

  1. Your self-assessment using our short questionnaire which will enable both you, and us, to determine the likely areas that need addressing;
  2. Upon receipt of this questionnaire, our team will assess whether you would need a health check meeting and the framework for discussion. At this point we will be able to give you a reasonable estimation as to what our meeting, health check report and recommendations would cost, and also any further advice that may be needed;
  3. The health check meeting (around an hour) with at least one of our specialists; and
  4. We would then prepare a short report identifying any areas of particular concern and where improvements might be made.

How much would this cost?

There is no obligation during the preliminary fact-finding process. Once we’ve gathered this information, we would then offer you a fixed fee for the meeting, report and recommendations.

During your health check meeting we would then plan ahead for ongoing compliance at minimum expense.

What areas are likely to be of concern?

  1. Agency regulations;
  2. Block exemptions with regards to distribution agreements;
  3. Currency clauses;
  4. European Social Fund (ESF) funding;
  5. Goods that meet EU standards;
  6. Insolvency;
  7. Intellectual Property rights, particularly Trademark registrations and licensing agreements; and
  8. TUPE (Transfer of Undertakings (Protection of Employment)) and contractual arrangements regarding liability.

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