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Company Formation

Expert Legal Guidance

Start your company with confidence using our specialist team of advisors.

Starting a company is an exciting but legally complex process and ensuring your company is formed correctly from the outset is critical. Mistakes during formation can lead to legal, financial, and operational issues later.

At Ellis-Fermor & Negus, our experienced team guide entrepreneurs and business owners through the entire company formation process, providing practical advice, legal compliance, and long-term business structuring support. We have helped hundreds of companies across the East Midlands start strong and avoid costly mistakes.

 

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Why Legal Advice Matters in Company Formation

Many entrepreneurs assume forming a company is simple, but there are several important considerations to take into consideration, including:


Choosing the right company structure including the correct share capital.

Drafting a compliant and clear memorandum and articles of association.

Registering with Companies House.

Considering the appointment of directors and being aware of such directors’ responsibilities and fiduciary duties.

Considering the need for a shareholder agreements.

Understanding ongoing filing and reporting obligations.

Professional legal guidance ensures your company is set up legally and efficiently, avoiding future disputes and compliance issues.

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corporate@ellis-fermor.co.uk

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Smiling solicitor in an orange blazer, representing Ellis-Fermor & Negus, offering legal advice in the East Midlands.

‘Excellent response times from Charlotte all supported by a very competent team at EFN. Having used EFN for many years, I couldn’t recommend their services highly enough, excellent!’

Charlotte Stojak

Solicitor and Head of Corporate

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Why choose Ellis-Fermor & Negus?

Experienced lawyers specialising in company formation.

Guidance on private limited companies, LLPs, charities, and start-ups.

Tailored advice on governance, shareholders’ agreements, and statutory compliance.

Ongoing support for restructuring, share transfers, and company changes.

Trusted by hundreds of businesses across the East Midlands.

Meet the team

Smiling female solicitor wearing an orange blazer, representing Ellis-Fermor & Negus, a solicitors' firm in the East Midlands.

Charlotte Stojak

Charlotte joined the firm in 2024 and was appointed Head of Department for Corporate in April 2025. Charlotte qualified as a Solicitor in 2015, after studying Law (LLB) at Derby University and the Legal Practice Course at Staffordshire University. Charlotte has worked at a number of large law firms, gaining invaluable experience and exposure. Charlotte’s…

0115 972 5222

charlotte.stojak@ellis-fermor.co.uk

Charlotte Stojak is based at our Long Eaton Office.

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Smiling solicitor from Ellis-Fermor & Negus wearing a blue blazer against a neutral background

Jennifer Geary

Jennifer grew up in Long Eaton and first worked for Ellis-Fermor & Negus during her University summer holidays in 2003. She graduated from Derby University in 2004 with a Law Degree and returned the same summer to Ellis-Fermor & Negus as an Assistant to David Negus in the Commercial and Litigation Department to complete her…

01159 835 221

jennifer.geary@ellis-fermor.co.uk

Jennifer Geary is based at our Long Eaton Office.

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Frequently Asked Questions

We advise on a wide range of company structures, including:

Private Limited Companies (Ltd)Most common structure for start-ups, joint ventures and small to medium businesses, whereby owners hold shares in the company. This company structure limits shareholder liability and potentially protects ownership and investments.Offers partnership flexibility with limited liability protection.

Charitable CompaniesCompanies limited by guarantee, suitable for charitable purposes.

Our team explain the benefits, obligations, and risks of each structure, helping you choose the right one for your business goals and personal circumstances.

Step 1: Initial Consultation

  • Discussing and understanding your business objectives and personal circumstances.
  • Reviewing potential structures and ownership options.
  • Reviewing potential appointments of directors and company secretary.
  • Identifying legal and financial considerations.
  • Outlining costs, timescales, and next steps.

This ensures your company formation is tailored to your specific needs.

Step 2: Drafting Company Documents

  • Articles of Association – preparing the company’s articles of association, which will outline the company’s rules and governance, tailored to your specific circumstances.
  • Shareholders’ Agreements – where necessary preparing a shareholders’ agreement detailing rights, responsibilities, protections and mechanisms for dispute resolution between the shareholders.

All documents are prepared to protect your interests and comply with statutory requirements.

Step 3: Registration with Companies House

  • Submitting incorporation documents electronically or by post to Companies House.
  • Ensuring directors and shareholders are correctly appointed and registered.
  • Issuing share certificates and preparing statutory registers.

Proper registration ensures your company is legally recognised and ready to trade.

Step 4: Post-Formation Support

  • Issuing shares or restructuring shareholdings.
  • Director responsibilities and compliance with filing deadlines.
  • Future changes, including appointments, share transfers, or company restructuring.
  • Maintaining or assisting with the updating of the statutory registers of the company in future.
  • Registered office service.

This ongoing support reduces the risk of non-compliance and future disputes.

1. Choosing the Wrong Structure – Selecting an unsuitable structure can create unnecessary liabilities or tax inefficiencies.

2. Articles of Association not bespoke for the company – Failure to clearly define share rights can lead to ambiguity and potential disputes.

3. Directors’ Responsibilities – Lack of understanding can result in legal or financial penalties.

4. Registration Errors – Incomplete or incorrect filings may delay incorporation or create compliance issues.

5. Future Changes – Poor planning for expansions, investments, or ownership transfers can be costly.

Our team guide clients through these challenges with clear advice and practical solutions.

While you can incorporate a company yourself, using our team of expert lawyers ensures compliance with legal requirements, protects your interests, and avoids potentially costly mistakes.

Most small businesses choose a private limited company (Ltd) (limited by shares), due to the limited liability protection and operational flexibility, but each individual and company circumstances are different. This is why we advise on the best structure based on your goals and circumstances.

Registration can be completed within a few days if documents are in order, though more complex structures may take longer.

Directors must comply with the Companies Act 2006, including filing accounts, paying taxes, and acting in the company’s best interests, our corporate team can advise on these responsibilities and fiduciary duties.

Whilst each company is different and some clients choose to not have a shareholders’ agreement in place, we would always strongly advice that a company with more than one shareholder has a shareholders’ agreement in place, which sets out ownership, rights, responsibilities, and dispute resolution procedures, reducing the risk of conflicts.

Yes. Our team provide guidance on restructuring, share transfers, and other post-formation changes.

Yes. We advise on filings, governance, director responsibilities, and any corporate changes. We also provide a company registered office service.

Forming a company is an important step in securing your business’s future. Our team provide expert advice, practical solutions, and full support, ensuring your company is formed legally, efficiently, and tailored to your needs.

Phone: 0115 972 5222 • Contact form: ellis-fermor.co.uk/contact-us

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