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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Some legal clarity needed on contract names please! I

Customer Question

Hello! Some legal clarity needed on contract names please!
I have an Agreement for hire of a premises and the sale of a business.
It is written as between:
PARTY 1:
The 'Premises' Mr X, and or Mr X trading as The XXXX venue, registered address....
and
PARTY 2 (Me):
The 'Hirer', ZZZ Ltd, registered address......
PARTY 1:
Mr X is no longer involved in the premises (though I believe may be a sleeping partner still).
The XXXX venue is now called something different and is operating under a different management company. Invoices from the new management company. Phone still being answered as the XXX venue. XXX venue website still up and running.
Contract was signed by Mr X.
PARTY 2:
ZZZ Ltd is not active (having filed dormant accounts) but has been dissolved without my say so (currently not sure how as it was registered at my accountants address) since signing this contract.
I was the director of ZZZ Ltd.
Contract signed my me.
I am still hiring the venue and paying for the purchase of the business.
In the occurrence of a dispute of the terms of the agreement, what is the legal standing?
Thank you very much.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Has the Limited Company changed number or is it just a name change?
Customer: replied 2 years ago.

Hi Alex, thank you.

The Limited Company of Party 1 has yes changed both name and registered number as well.

I'm also concerned that my Limited Company has now been dissolved but the contract remains in that name.

I'll look forward to hearing.

Thank you

Jo

Expert:  Ash replied 2 years ago.
Yes Jo you MUST get it changed. The contract as it stands is with the old company which is dissolved and therefore no longer valid.
You must get it amended even if by a short amendment contract. The contract MUST reflect accurately who the parties are.
In this case it does not. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you Alex.

This clarifies my company as The Hirer.

Can you please confirm their status as The Premises with their name change, t/ as etc etc from all the information above please.

Expert:  Ash replied 2 years ago.
The premises is ok as that is named. But the holding company needs to change.
Does that help?
Alex
Customer: replied 2 years ago.

I'm sorry for my lack of understanding.

When you say holding company - could you please clarify for my total comprehension.... who is the holding company in this example?

The 'Premises' Mr X, and or Mr X trading as The Name of Venue registered address....

My contract states that if The Premises ceases to trade or exist then .........

How does that therefore legally stand?

Expert:  Ash replied 2 years ago.
Everyone needs to have the correct name.
It all needs to be proper. The contract isnt worth the paper its written on at the moment.
Alex
Customer: replied 2 years ago.

Thank you for your help Alex.

Best regards

Jo

Expert:  Ash replied 2 years ago.
Happy to help.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Thank you Alex, you have answered my initial query.

I do have a further more in depth query over this situation. Would you be able to advise over that as well or is is best to open a new thread?

Customer: replied 2 years ago.

Hi Alex, I'm in an online chat window with you but when it's asking me to confirm my settings it's stating that I would be happy to pay the £38 for advice.

I can't click accept on this as I should be in the free 7 day trial period.

I can't see a way around it.

Please advise.... my query is:

Hi Alex, you helped me with my recent query a couple of days ago "Some legal clarity needed on contract names please!". We discovered that unless the names were correct it wasn't worth the paper it was written on. I have just discovered the following clause in it.... does this change things at all: Entire Agreement and Schedules: Clause 34: this agreement shall be binding upon each parties successors. Many thanks Jo

Expert:  Ash replied 2 years ago.
No, you want it changed,
You should be able to rate my answer regardless of whether you are on the trial, otherwise the site doesnt credit me for time spent.
Thanks!
Alex
Customer: replied 2 years ago.

Hi Alex,

Thank you.

I do believe I have already rated the answer.

Jo

Expert:  Ash replied 2 years ago.
You have - thanks.
Alex