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Independently on the jurisdiction, investment activity is targeted at getting profit; it is a multistage activity which consists of investors' actions performed during the entire investment cycle, which includes:

  • preparational stage;
  • launching of the investment project;
  • management of an investment project.

Every investment project is unique, and its implementation depends on multiple factors.

Protection of investments and efficiency of how the investors use their own investment opportunities are among the most critical questions for investors who want to launch an investment project in Great Britain or another jurisdiction. In connection with this, professional legal support on an investment project is not less critical compared to a well-prepared business strategy. 

What is an investment project?

An investment project can be defined as a set of interrelated tasks and actions undertaken by the company to reach established economic and financial goals. The investment project must include the following:

  • information about the purpose of planned investment;
  • what expenses are needed to launch this investment project;
  • the amount of financing;
  • criteria for measuring the efficiency of the project and risks to its participants;
  • what results do the investors hope for from the project?

Practical tips on how to increase chances for success of your investment project in the UK

The current practice offers more and more new concepts for sustainability and the transformation of technologies. Such variety has a "side effect" of generating additional risks hidden within the legal framework for major investment projects. For this reason, whether you are opening a new business or entering new markets and expanding an already existing business, it is crucial from the very beginning of a major investment project to  involve licensed legal experts who have knowledge and competence in the scope of:

  1. legal formalities of realisation of an investment project within the jurisdiction of your choice;
  2. have experience in solving complicated investment challenges;
  3. high-quality legal maintenance of business at every stage of startup project launching.

Launching of large-scale investment project in Great Britain

Many international companies (similar to Apple or Google) are interested in launching an investment product in the UK, especially after Brexit. Each serious project must have the competent support of qualified experts.  

Long-run success in an investment activity depends on understanding all legal nuances and requirements of the local legislation. Analysing the specifics of business in the local zones and regions is essential. 

Investors are interested in involving in their investment projects professional consultant lawyers because:

  • such a person knows the legal norms and requirements applied for the launching of significant investment project in Great Britain;
  • an expert will help to choose the proper organisational form for running the business;
  • he can correctly assess the current situation and potential risks, plus would elaborate efficient steps for risks mitigation;
  • such expert advice helps to get confidence that the funds would be used legally.

Below we provide some examples of our legal guidance in the scope of the launching of large-scale investment projects in the UK:

  • planning of your project;
  • Analysis of the market and competitive environment in Great Britain;
  • guidance for the company registration in the UK;
  • consultancies about adhering to the requirements of compliance of the company with the normative-legal basis of this country;
  • support in corporate structuring and elaboration of corporate documents of the company;
  • legal assistance for commercial agreements;
  • consulting about available sources of financing in the UK;
  • consultations about the opening of bank accounts;
  • representation of the client's interests during negotiations with the counterparties and during approval procedures with the local controlling bodies;
  • maintenance of investment projects during the agreement of ecological aspects of implementation thereof;
  • legal audit of the project;
  • representing the clients at the settlement of legal disputes. 

Our experts provide assistance at every stage of the project launching:

  1. A point - setting your business goals when at this stage, it is possible to provide a comprehensive assessment of potential risks and avoid potential threats;
  2. B point - immediate realization of an investment project in Great Britain. 

Implementation of large-scale investment projects in Great Britain has a global impact on the infrastructure and ecology of the country overall and its separate regions. For this reason, all legal aspects have to be agreed on the first stage of the project implementation. The primary purpose of guidance during the project preparation and launching is to ensure that the company's activity corresponds with the norms and requirements of the UK legislation. Participation of profile specialists is a necessity rather than a whim. It will help to avoid complications during the launching stage.

Main areas of large-scale projects implementation which would require your attention

Below you will find a checklist helpful when planning to launch an investment project or expand your business in Great Britain. This checklist would help you to have clarity and reduce indefiniteness and risks which you might face during the implementation of your project:

  • The strategy of entering the market in Great Britain.

Our experts can help you test your business plan in comparison with different market ones, technological and risk-oriented scenarios and the potential influence on such factors as target customers, supply chains, human resource policy, location and financial forecast.

Business registration. There are various forms of companies which can be chosen by foreign investors who are interested in launching an investment project in Great Britain. All of them have pros and cons, there is no ideal all-purpose structure which would fit every business, and you need to choose the one serving your unique project.

The expert opinion of profile specialists can help you to make the right choice of structure to match the goals of your business. Our specialists provide assistance with meeting requirements and terms for filing documents at the Companies House.

  • Meeting normative requirements

Aspiring entrepreneurs and experienced business people must remember that adhering to the normative-legal framework of Great Britain applicable to their business model is very important. This may include requirements for the investment activity, limitations to foreign ownership, import fees, etc. Our specialists can help you evaluate the impact of local legislation and your action plan to ensure the requirements are adequately met.

  • Taxation

Qualified expert assistance may be needed at the business planning stage because it helps to understand what taxation rules in Great Britain would be applied to your company. In a broad sense, a company tax resident of Great Britain is subject to corporate tax on its international profits. Companies which do not have a status of UK tax residence may be taxed in Great Britain in some instances.

For instance, a non-resident company which carries out trade in the UK via a permanent office usually has to pay corporate profit tax, which pertains to the activity of the permanent office of the company.

  • Bank accounts

Opening a bank account is complicated because every British bank has a right to thoroughly examine every newly created legal entity in the UK, including its directors and shareholders. In detail, British banks have different approaches and requirements, and the overall length of the process of account opening application review in the UK may take up to a few months. As an option, cooperation with the bank can be started in the early stage of the project. In that case, it can help avoid delays with the account opening procedure. Our experts provide consultations about the requirements and specifics of account opening in the banks of Great Britain. 

For every project, registration and protection of intellectual property as a valuable company asset is crucial. Before you use your brand, it is important to ensure you are not violating the rights of third parties in Great Britain. You can register the trade mark in the UK to avoid the fact that the identical or similar trade mark is used by other parties. During the registration of a trademark, you will have to respect the patent protection requirements. 

Commercial law

Business owners may need assistance preparing commercial contracts according to English law, for example:

  • commercial agreement on joint ventures;
  • agreements on partnership and cooperation;
  • supply agreements;
  • terms of purchase and sale;
  • distribution contracts;
  • agency contract;
  • consumer contracts;
  • service contracts. 

Why do foreign investors choose Great Britain for their projects?

The UK remains one of the most popular jurisdictions for running a business with transparent regulations, a respected legal framework and low barriers to entry. 

This jurisdiction offers a solid and, at the same time, favourable environment for business and its expansion for trade and investment projects. 

The Uk has a well-developed consumer market, an open and liberal economy, and a labour market that offers highly qualified specialists and a favourable legal framework for business. Investors can set up a startup project and get access to various suppliers and partners. They can take advantage of programs created to stimulate the growth of business entities independent of their size (large or small businesses). Great Britain offers one of the most favourable corporate tax rates compared to other G20 jurisdictions. Different tax exemptions can add more flexibility opportunities to local and international companies.      

Besides, Great Britain is one of the largest economies with the highest rating of talent acquisition worldwide. The country offers global business one of the best ecosystems in the world aimed at developing innovative companies. Competent legal assistance of investment projects in the UK contributes to the strategic and commercial perspectives of the business. Registration procedures can be complicated; thus, qualified legal consultation is very beneficial to get the most from available opportunities. 

Profile experts can give information on the following:

  • how to choose a location for the business, advice about structuring and financing options;
  • advise on cooperation with the shareholders, directors, employees, clients, suppliers, agents, and business competitors;
  • advice on representing clients' interests during approval procedures in the state and regional bodies, etc.

Before you start a business in Great Britain, it takes detailed planning of your international business activity. Violating the rules of the local market may seriously impact your commercial activity. Our experts assist with elaborating and implementing the strategy of entering the UK market. Such consultancies help to see how to manage risks when registering a business in Great Britain. 

Rash decisions made in the early stages of running the business can put at risk its efficiency in the long run. Consider launching the company in the UK. In that case, whether you are already a businessperson or a newcomer in the business world, you may represent transnational corporations that are expanding their business. Still, whatever your point A, it is better to engage qualified assistance of licensed lawyers and consult with profile experts.   

Our experts can ensure comprehensive legal assistance for investment projects from the beginning, at the stage of the project launching (including the consultations concerning required authorisation procedures and contractual legal guidance), etc. 

Regulation of investment activity in Great Britain

No specific laws regulate or limit direct foreign investments in the UK. Investors from the UK and other countries enjoy the similar right to run business in Great Britain under the practical laws of this country and, in most cases, on equal terms, participate in the economy of the UK except for the sectors which are under control or in the ownership of the state (some parts of energy, transport and defence sectors). In the above-mentioned economic sectors, restrictions are applied to both British and foreign investors.  

In recent years significant changes have taken place in geopolitics, technologies, and global supply chains, leading to the growing anxiety that foreign investments into the UK may be used to undermine the interests of the national security of Great Britain. In connection with this, the UK implements new rules which bring this jurisdiction close to the reality of other countries, including the USA and other countries of the Five Eyes alliance (Australia, Canada and New Zealand) and some states-members of the EU.

Future changes would be connected with close attention to the regime of examination applied to the investments into the UK and their impact on national security in compliance with the Law about national security and investments dd. 2021 which entered into legal force in January 2022. We summarised critical elements of the examination mechanism aimed to protect the national security of Great Britain:

mandatory reporting about the deals within 17 sectors considered as strategic and sensitive for the UK national security;

voluntary reporting about the transactions which are not subject to mandatory reporting;

The Government of the UK will have the power to initiate an inspection of the transactions not subject to compulsory reporting 5 years after such transactions are closed.

Legal assistance during the implementation of an investment project from the scratch

Legal guidance for investment projects abroad comprises a detailed elaboration of all legal aspects of launching your project. This would ensure legal security when you set up your business goals. This will give you a picture of potential risks with the possibility of evaluating them and elaborating efficient strategies for risk mitigation. Licensed lawyers can help you work on the investment project to ensure that it corresponds with the chosen jurisdiction's legal framework.

Special attention during legal guidance of the investment projects in the UK, our experts dedicate to the following matters:   

  • business due diligence (the comprehensive analysis of the investment object, assets, deal participants, evaluation of potential risks and ways to minimise or eliminate them);
  • assistance in the elaboration of the strategy of attraction of funding for the project, consultations about the filing of the application for participation in the state funding program;
  • consultations about the structuring of the deals within the investment project;
  • assistance in elaborating corporate documents, including incorporation documents for the new companies, contracts, direct investment agreements, agreements of purchase and other contracts which pertain to the arrangements between the investors and shareholders, banks, state bodies, etc.;
  • representation of the client's interests during the alignment of the project with the state authorities;
  • realization of protective mechanisms for the client's interests.


Besides, our experts fulfil examination of what nuances of the client's business may cause legal disputes in the future and, when needed, ensure pre-trial negotiated settlement or representation of the client at any stage of the court or arbitration procedure. 

Comprehensive legal audit of the investment project in the UK

Due diligence of business or separate projects comprises the most full and detailed examination from the legal angle. The legal analysis ensures a thorough review of current and potential legal risks. Legal due diligence consists of the following stages:

  • determining of rights and obligations of every participant of the project;
  • business-plan analysis;
  • evaluation of potential losses if the project would not be launched.

Comprehensive legal guidance of an investment project in the UK, including due diligence, is an efficient instrument to protect your project from multiple avoidable risks.

Legal assistance for the existing investment projects in Great Britain 

Legal guidance provided by licensed experts may be helpful not only for novice startups but also for investors who want to join already existing and working investment projects. In the investors are entering an investment project which was already been running for some time, qualified legal assistance would include analysis of every significant step of the new investor:

The legal status of the assets the investor intends to purchase should be checked during legal due diligence. This procedure allows detection of potential risks.

In the course of legal guidance for large-scale investment projects in Great Britain, the profile expert evaluates the possibility of changing the legal status of the assets in the future if it would be needed for the client's purposes. 

Legal follow-up of an investment project in the UK includes consultations about the model of contractual relations between the investor and counterparties, analysis and assessment of commercial risks, elaboration of measures to reduce potential risks, and assistance in drawing up the draft contracts. 

Except for the above-listed services, consult about agreeing to the projects with the state bodies, and provide expert opinion about the possibility of getting specific guarantees that the agreed terms would not be violated.    

During the consultation about the investment into the existing projects, our experts help to build efficient relationships with other participants of the projects and provide analysis of what could be changed for a better result if the previous project was not a success.  

Support of large-scale investment projects by the types of economic activities  

Legal guidance for IT projects in the UK

 

Today's world, its economy and IT are integral parts of one whole, our reality. The IT sector is growing, but only a few people know what is behind the curtains: opening an IT startup is challenging. Its successful launch depends on many factors and some of which we listed below:

  1. Infrastructure, applicable legislation, accessibility of bank loans, location of the counterparties and the clients.
  2.  The reputation of the country and its image in the eyes of state bodies of other governments. It directly determines the appeal of the jurisdiction for the investors;
  3. Real presence. When you want to register an IT company in Great Britain (in fact, any company) or in another jurisdiction, you have to prove the actual presence of the company in the UK to the banks and tax authorities. Investors must be aware that many countries' legislation has become stricter. 
  4. Taxation. During the setting up of the IT company in the UK, tax burden really matters, and a competent legal approach during the launching of your project would enable you to consider this factor. 

Experts of our company ensure support of the investment projects in the UK in the area of IT, and it comprises the following:

  • IT company Due Diligence, which is performed at every stage of the project implementation;
  • Consultations about data protection and informational security;
  • Support of the purchase of an existing IT company in Great Britain;
  • Consulting for protection and transfer of copyright of software;
  • Facilitation for getting an IT company' licence;
  • Assistance in elaboration of efficient risk mitigation models;
  • services related to solving disputes in IT.

Legal assistance for fintech projects

Fintech projects are of a large scale and bring innovative solutions. Still, their implementation in Great Britain is connected with the necessity to deeply analyse legislation. It is a task where the involvement of proficient legal experts should be considered. Experts of our company ensure that assistance with the launching of fintech projects in the UK would be comprehensive, and it includes:

  • Consultations for registration procedures of a fintech company in the UK;
  • Assistance in choosing an efficient business model and strategy for the project;
  • Consultations about ICO, STO, and IEO regulation;
  • Evaluation of the project according to the legislative requirements;
  • Consulting about adherence to the KYC and AML;
  • Consultations on legal requirements for getting an EMI licence in the UK (Electronic Money Institution) and expert support on every stage of getting the licence;
  • Consultations about the launch of the company to the IPO market. 

Legal assistance for the IPO projects.

Placement of securities on the stock exchange takes a lot of planning and adherence to all applicable formal requirements of the legislation. Guidance of the IPO project in Great Britain includes:

  • expert support about IPO placement procedures in the UK (placement of the company shares on the Stock Exchange)
  • Due Diligence of the company before it enters the IPO market;
  • Consulting services about drafting of offering memorandum;
  • Consultation and legal assistance in the elaboration of the corporate documentation, which is required before the listing;
  • Consulting about risks mitigation for IPO startups in Great Britain;
  • Assistance in IPO dispute resolution in the UK.

Expert assistance for investment projects in the medical field in the UK

Launching a business in the healthcare field in Great Britain has many nuances. Before you start a business in the field of healthcare in the UK, you should ponder the following:

  • the legal structure of the company;
  • matters of normative-legal adherence which have to be considered before you can start offering your services on the market;
  • what services would correspond to the requirements of information management according to GDPR;
  • what steps must be taken for the protection of your brand or other objects of intellectual property;
  • what agreements and contracts must be concluded with the suppliers, clients and counterparties.

Running a business in the medical field in Great Britain requires a licence. Obtaining such a licence is quite a complicated procedure, and getting a consultation from the profile experts is very important. 

Our company has a specialised expert team with solid experience in consulting for projects in many fields of medical practice. We provide a full range of services in project support and consulting about corporate law, sectoral regulation regarding getting medical licences, IP protection, and dispute resolution.

A list of our services includes:

  • Expert support for opening a business in the medical field in the UK;
  • Assistance for the elaboration of legal documentation, which is necessary for getting the financing;
  • Consultations about the regulation of companies which work in the field of healthcare, for instance, meeting the requirements of CQC (Care Quality Commission), Regulatory Agency for medicines and medical products, General Medical Council;
  •  Assistance during the conclusion of agreements with the consumers, counterparties, suppliers, and third parties;
  • consultancies about the protection of trade mark and other intellectual property rights;
  • consulting regarding data protection.

Support for investment projects in the field of industry

The industrial sector of Great Britain is developing. The main growth points are the extraction and processing of oil gas and chemical, metallurgical, machinery, and light and processing industries. Great Britain has a good potential for development thanks to its favourable geographical location and well-developed infrastructure. 

In this field, our experts provide the following services:

  • Support in the course of the company registration in the UK in the area of industry;
  • Assistance in drafting legal documentation required to get the financing of business;
  • Consultations about the regulatory procedures applied to industrial companies in the UK;
  • Representation of the client's interests in the course of approval procedures with the state and regional authorities;
  • Support of M&A deals in the industrial sector of Great Britain;
  • Support in the resolution of disputes which arise in large-scale projects in the field of industry;
  • Consultations about the protection of industrial property.

Support of investment projects in the area of international trade.

Businesses run their projects on the global level thanks to digitalization. International trade allows to enlarge the company's market share and increase revenue without being bound solely to one local market. It facilitates the operational side, but businesspeople have to perform regular checks to comply with all applicable regulations and requirements in their jurisdiction. One more feature is the possibility of taking advantage of export financing.

Project support in the field of international trade includes:

  • support of transnational deals;
  • expert assistance in the elaboration of foreign economic agreements;
  • assistance in negotiations with foreign counterparties and state bodies;
  • representation of client's interests during dispute resolution in international commerce.

Legal support of investment projects in the field of logistics in Great Britain

Logistic services belong to the management of supply chains and allow for planning, executing and controlling the efficient flow of goods and services, storing goods, and providing relevant information to the consumers. The purpose of the logistics is to ensure that the customers' demands are satisfied. Logistics faces severe challenges now, and transport and logistics organisations must find new solutions. It is critical to make weighted business solutions concerning the activity of the logistics company, and such decisions have to be based on the effective legislation applicable to the company's activity in the UK.

Services of our company which we offer for projects in the field of logistics comprise:

  • Assistance with the registration of the logistic company in the UK;
  • representation of the interests of clients during agreeing procedures with the state bodies;
  • assistance in the elaboration of commercial agreements and legal examination thereof;
  • representation of the client's interests during legal proceedings;
  • legal consultations about personal data protection.

Support the investment projects in the area of extraction of mineral resources.

Suppose you are interested in new opportunities for your business. In that case, registering a mining company in the UK might be a prospective option for you. The mining industry significantly contributes to the development of the UK economy. Launching a company in this industry usually requires significant capital and an understanding of local legislation. Qualified experts would help you to:

  • choose organisational-legal form for the registration of mining company in Great Britain;
  • consultations about the sources of financing which might be available for this type of company;
  • expert support during the registration of the legal entity;
  • consultations about ecological, social and managerial matters (ESG);
  • consultations in the course of getting a licence for mineral exploration.

Conclusion

Implementing a large-scale investment project in the UK is a relatively complex and challenging task which requires professional legal and expert assistance during the approval procedures with the local regulator and other procedures that are part of the project implementation.

Suppose you have questions about launching an investment project or need to find a non-standard solution. In that case, we recommend booking a consultation about launching a startup in Great Britain. During the consultation, the experts will analyse your situation and offer a step-by-step algorithm for solutions.

We provide project guidance on all stages of the investment project: from your point A (participation in the elaboration of an investment programme) to B point - actual project implementation.

Our experts provide the following services: 

  • analysis of the legislation which regulates the relations in the field of future investment projects;
  • legal audit of business;
  • consultations about the organisational-legal form suitable for your business and the legal entity which would be created to run this business;
  • expert assistance during internal corporate questions (assistance in the elaboration of internal corporate documents, agreements with the partners, counterparties, etc.);
  • expert support in drafting investment contracts;
  • representation of the investor's interests at the government bodies.