MCM Legal Consultants

Corporate Legal Services

We provide a wide and varied range of legal services to our clients throughout United Kingdom and beyond. With over 25 years of successful legal practice behind us, we have the expertise to help you. Get in touch today for expert, trusted legal opinion.

We offer financial firms of all sizes and types, strategy, planning and solutions. Through this we can help companies address all sorts of compliance issues, from assessing how robust their systems and processes are, to making recommendations for improvements, training staff and communicating a culture of compliance within organisations or helping to resolve issues and problems which may arise.

We have extensive expertise, working across:

  • Finance

  • Investments

  • Brokerages

  • Banking

  • Immigration

Finance Services & Compliance

  • Anti-Money Laundering Compliance & Investigations
    • Money laundering in the UK is treated extremely seriously. The consequences of failing to report suspected money laundering activity can be severe for individuals and businesses alike. If you need advice or representation in connection with any aspect of UK money laundering law contact us now.

 

  • UK Money Laundering Regulations
    • Even the most experienced, prudent professional or businessperson can unwittingly become a conduit for money laundering. The provisions of the Proceeds of Crime Act 2002 and the Serious Organised Crime and Police Act 2005 have extended these situations, and HMRC anti-money laundering requirements which, if not met, can result in penalties and prosecution. This is very important, as it can affect your liberty (if a criminal prosecution follows), your professional/business reputation, and your financial situation.
    • Our team of experts can advise you on your existing anti-money laundering systems, can help you and your company set up systems with the latest cutting edge advice, and can ensure that you avoid non-compliance penalties and prosecution.

Regulatory, Compliance & Professional Disciplinary Matters

  • Regulatory FCA Requirements
    • MCM Legal Consultants can assist with all regulatory requirements from FCA authorisation to enforcement and from consulting to application preparations.
    • We work with partners that provide, Appointed Representative (AR) status, check the checker services and, if necessary, help to rectify and remedy systemic compliance issues identified from historic business practices.

Financial Legal Opinions

  • Legal Opinions
    • Legal opinions are commonly used in a variety of situations. For example, in the context of a cross-border transaction, a legal opinion may be used for the purpose of opining on whether certain transaction documentation is valid and enforceable in a particular jurisdiction and complies with the local law of that jurisdiction.
    • In transactions involving multiple jurisdictions where the governing law of the documentation is English law, a combination of foreign and English law legal opinions may be required and in such circumstances, the lawyers in the relevant jurisdictions will need to ensure that together with the legal opinions opine on all relevant matters.
    • In finance transactions, a legal opinion may be required to satisfy certain conditions precedents in the transaction documents (either to enable the transaction to complete or to support a particular credit rating) and will usually be required by the lenders to give them reassurance that the legal effect of lending in the transaction concerned is what they expect it to be.

Business Disputes Resolutions

Resolving disputes outside courts. This mitigates the escalation of a dispute and encourages the parties to move to an early satisfactory resolution.
The objective is to avoid expensive, complicated litigation.

Joint Ventures (Real Estate)

We will help you consider the most appropriate structure for your joint venture e.g. through an SPV (special purpose vehicle) via a company or limited liability partnership, or else by a simple collaboration agreement pursuant to which the parties will pool resources and share profits.

You will need to adopt a joint venture-friendly constitution or Articles of Association, and transfer assets and contracts into the joint venture vehicle.

We will look at how the joint venture will be managed, controlled and financed, the risks to be assumed and the contributions to be made by each party, how the profits are to be extracted and how any losses will be borne.

We will consider aspects of control, minority protection and resolution of disputes. If a deadlock could arise, we would consider how best that should be resolved.

We would discuss any restrictions to be placed upon the parties, including non-compete restrictions. We would consider future changes in ownership of the joint venture, transferability of ownership and means of exit if and when the joint venture terminates.

Mergers & Acquistions

There are many reasons why you may wish to sell or buy a business. You may be approaching retirement, moving on or have received an offer you cannot refuse or a need to partner with another entity to increase exposure to your Business. Alternatively, you may be seeking to develop and grow your business through a merger or acquisition.

We provide the following consulting services as “your M&A advisor on demand”

  • Back-Up Consulting
    • For the M&A project that is under negotiations and the negotiations between an interested party and you,
      We will evaluate and examine the process of negotiation and conditions to back you up and provide the advice to make your negotiations to your best interest.
  • Evaluation
    • We provide the valuation calculation services such as Company valuation, Business valuation, Share valuation, Mergers and consolidation ratios, Share exchange ratio to a specific target company or business.
  • Value-add Consulting
    • This is the strategic consulting services that we propose the corporate value improvement measures of client based on the Feasibility Consideration of specific M&A, Restructuring of the business portfolio, Capital policy, and Financial Strategy.

Shareholders Agreements & Shareholders Disputes

Small, private or family owned companies often operate as “quasi-partnerships”, relying on the closeness of the shareholders’ relationships to solve any problems which may arise. However when problems do arise, they are liable to strain or even destroy such relationships.

We can help you to draw up a shareholders agreement which will anticipate and provide solutions to deal with ‘what if’ or worst case scenarios. This can save you significant time and money and might also highlight areas where your expectations are not as similar to those of your business partners as you imagined.

We discuss your key objectives of being in business together. We review each party’s contributions to the business in terms of time, effort, ideas, contacts, intellectual property, cash, equipment or premises and the terms upon which those contributions are made, e.g. through a loan, lease, licence, or preferred shares etc. We then look at what each party expects to gain out of the business in terms of salary, dividends, business opportunities, and returns on capital.

Our advice covers management, control, and minority protection and how things might change in the future in terms of developments in the business, the introduction of new shareholders or the departure of existing shareholders. This usually involves creating ‘pre-emption’ rights on the transfer of shares and agreeing ‘permitted’ and ‘obligatory’ transfers with possible ‘good-leaver’/’bad-leaver’ consequences. The shareholders should consider their exit strategy, perhaps introducing “drag along” and/or “tag-along” rights in the event of an offer by a third party. If a deadlock could arise, we would consider how best that should be resolved.

A shareholders’ agreement is a worthwhile investment for your business now, as well as valuable insurance for the future. It can also be important for protecting the rights of investors in the Company.

Immigration Consultancy

Immigration is a highly specialised area of the law, and it can be quite complex for those who wish to enter or remain in the United Kingdom. We can assist you on all immigration matters. From simple visa applications to complex immigration issues, we provide legal support and friendly service to people who wish to remain in the UK, enter the country for work or on holiday, or settle permanently in the UK.

Overview

You can apply for a Tier 2 (General) visa if:

This category is for ‘skilled workers’ from outside the EEA with a job offer in the UK. It includes skilled workers who are transferred to the UK by an international company, skilled workers where there is a proven shortage in the UK, ministers of religion and sportspeople. You need to be sponsored (ie have a certificate of sponsorship from a licensed sponsor) before you can apply to come to the UK to work.

The work you do in the UK must relate to the work of your sponsor organisation. You can apply for a visa up to 3 months before the day you’re due to start work in the UK. This date is listed on your certificate of sponsorship.should get a decision on your visa within 3 weeks when you apply from outside the UK. You’ll also have to pay the healthcare surcharge as part of your application. How much you pay for a Tier 1 (Entrepreneur) visa depends on your situation, where you are and how you apply.

You can apply for a Tier 1 (Entrepreneur) visa if:

You must have access to at least £50,000 investment funds to apply.

This visa category is for ‘high-value migrants’ from outside the EEA and covers entry of entrepreneurs, investors, and those very few people who come under the ‘exceptional talent’ visa. The earliest you can apply is 3 months before you travel. Example.You can apply from 16 March if you plan to travel on 15 June. You should get a decision on your visa within 3 weeks

You’ll also have to pay the healthcare surcharge as part of your application. How much you pay for a Tier 1 (Entrepreneur) visa depends on your situation, where you are and how you apply.

You can apply for a Tier 1 (Investor) visa if:

You must have access to at least £2,000,000 in investment funds to apply.

The earliest you can apply is 3 months before you travel. Example You can apply from 16 March if you plan to travel on 15 June. You should get a decision on your visa within 3 weeks. How much you pay for a Tier 1 (Investor) visa depends on your situation, where you are and how you apply.

You can apply for a Tier 4 (General) Student Visa to study in the UK if you're 16 or over and you:

This category is for students aged over 16 from outside the EEA who wish to study in the UK. Applicants must have a place at a registered UK educational establishment before they can apply. You can apply from 3 months before the start of your course. You’ll usually get a decision on your visa within 3 weeks.  You’ll also have to pay the healthcare surcharge as part of your application How long you can stay depends on the kind of course you’re doing and what study you’ve already completed.