Prepare the first solicitor briefing for a business closure

Topic
Advisers and authority to sell
Reading time
2 minutes
Last reviewed
On this page
  1. Make a legal question index
  2. Include inconvenient history
  3. Leave with a defined next action

A solicitor can work more effectively from a clear question and the relevant agreement than from a folder labelled "closure documents". Build an index that connects each unresolved issue to its evidence.

Start by identifying who is seeking advice and for which person or business. If several family members, partners or companies are involved, ask the solicitor about the appropriate client arrangements and any conflicts before assuming one engagement covers everyone.

A useful row contains the question, the parties involved, the document location, the current factual position and any event creating urgency. Keep proposed actions clearly marked.

Examples of questions to prepare include:

  • Which agreement governs leaving the premises, and what correspondence has already been exchanged?
  • Who can authorise the proposed equipment instruction for the relevant business?
  • What needs checking before dealing with disputed property or an unfinished customer obligation?
  • Does a proposed transfer or continued activity require other specialist advice?

These are prompts for a brief, not answers about your rights. The entity reference sheet helps stop contracts for different businesses being treated as one legal position.

Include inconvenient history

Provide relevant side letters, variations and messages, not only the document that appears to support the preferred outcome. Explain any verbal discussion as a recollection and identify who participated. Do not turn a recollection into a confirmed contractual term.

If you have already given an instruction or made a promise, say so. The solicitor needs the actual sequence to advise on the next step. The decision evidence record can help assemble that chronology.

Keep original material and ask about an appropriate way to share it. Avoid altering documents to make a pack tidier or forwarding sensitive advice indiscriminately. Seek guidance about confidentiality and who should receive the response.

Leave with a defined next action

Ask what additional facts are needed and what remains unconfirmed. Agree who will obtain each item and which decision depends on the answer. Adviser scope and fees should make the commissioned work clear enough that neither side assumes a broader review has occurred.

The solicitor may identify a need for employment, tax, insolvency or other specialist input. Record that referral as an open dependency rather than treating the first meeting as approval of the whole closure.

For UK Auction Group, extract the relevant confirmed instruction and constraints once the proper advice and authority are established. The disposal brief should explain what can proceed and what is still being checked, without requiring the auctioneer to interpret a bundle of legal documents or resolve an unclear ownership dispute.

Explore advisers and sale authority.

Sources

This guide is general information and education only. Legal, tax, employment and safety decisions may need a qualified adviser who knows your situation. Read the disclaimer.

Closing a business with assets to sell?

UK Auction Group values everything on site, runs the sale and hands the premises back clear, with a full statement of proceeds at the end.

Send a list of what you have, where it is and your deadline. Decisions that are still open can be included.

Business closure auctions and site clearance Contact UK Auction Group

Business Closure Guide is part of the UK Auction Group portfolio.

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