Managing a nursery or working in childcare comes with great responsibility, especially when you are solely responsible for their most precious possession …. their babies and children! One of the main aspects that needs to be adhered to are the strict rules and regulations. As a business owner you may face these challenges due to number of areas of law that apply to childcare settings and nurseries, and you need the guidance of a legal team that can help you through the whole process. Carter Bond Solicitors can assist you step by step throughout the transaction.
Our clients benefit from our depth of experience in all areas of business law issues such as:
- Setting up a new business
- Contract law
- Corporate restructuring
- Buying and selling a business
- Property matters
- Planning and environmental issues
- Joint ventures
- Data protection and intellectual property rights
- Health & Safety
- Employment and HR services
- Litigation claims
- Dispute resolution
- Debt collection for unpaid fees
Nurseries and childcare setting need to adhere and follow these regulations which our legal team will advise and guide you through and have these incorporated into policies and contacts for both parents and staff handbooks. It is key to protect yourself at the risk of litigation and essential to ensure you have a full understanding of all different areas of law which will apply to your business and you can implement this.
- Risk assessment
- First aid regulations and codes of practice
- Ofsted regulations and reporting requirements
- United Nations Convention on the Rights of the Child
- The Equalities Act 2010
- The Children Act 2004
- Food hygiene standards
- Riddor (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013)
- Personal Injury Law
If you are seeking to start up a new nursery or have recently purchased a nursery and require legal advice, feel free to contact us and speak to one of our experts.
FAQ - Nursery
What are the main differences between share and asset sales?
With a share acquisition, ownership of the nursery transfers to the buyer along with all the assets and liabilities of the nursery.
With an asset purchase, each individual asset of the nursery has to be transferred to the buyer separately. Any ongoing contracts (including a lease) have to be assigned to the buyer and any employees will also have to be transferred to the buyer.
As the person running the nursery will change, the buyer may be required to obtain various consents and approvals including Ofsted registration.
Do I need to agree and sign any pre-contractual agreements?
Once the deal has been agreed in principle, you will be advised to enter into certain pre-contract agreements with the other party. These may include:
· Exclusivity Agreement - this protects the interests of the buyer by preventing the seller from negotiating with other interested parties. This will allow the proposed transaction to be exclusive for a certain period of time.
· Confidentiality Agreement – this aims to protect sensitive commercial information of the parties but particularly the seller.
· Heads of Terms – this sets out the key terms agreed between the parties but majority of the provisions will not be legally binding.
What is involved in the due diligence process?
The due diligence process is essentially an investigation into all aspects of the nursery of the buyer including but not limited to commercial, financial and legal aspects of the nursery.
What is required to complete?
The parties must agree and sign the Share Purchase Agreement (if it is a share sale) or an Asset Purchase Agreement (if it is an asset sale) and provide the necessary warranties and specific disclosures required. At the completion stage, the parties shall execute one of two agreements mentioned herein and subsequently, the funds will be transferred from the buyer to the seller, which is usually done via solicitors.
Let us take it from here
Call us on the number below or complete the form and one of our team will be in touch.
020 3475 6751