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	<title>Development Archives - Bellmac Consulting LLP</title>
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	<title>Development Archives - Bellmac Consulting LLP</title>
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		<title>The Need for Accounting Software</title>
		<link>https://bellmacconsulting.com/the-need-for-accounting-software/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Tue, 06 Sep 2022 09:51:56 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Development]]></category>
		<category><![CDATA[Technology]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=6613</guid>

					<description><![CDATA[<p>Did You Know? The first accounting software was developed in 1978 when Visicalc and Peachtree Software were introduced. Visicalc was the first spreadsheet software that enabled financial modeling on the computer, while Peachtree Software was an accounting software package for the early personal computer. </p>
<p>The post <a href="https://bellmacconsulting.com/the-need-for-accounting-software/">The Need for Accounting Software</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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			<p><em>Did You Know? The first accounting software was developed in 1978 when Visicalc and Peachtree Software were introduced. Visicalc was the first spreadsheet software that enabled financial modeling on the computer, while Peachtree Software was an accounting software package for the early personal computer. </em></p>

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			<p>During the start-up phase of a company, using excel spreadsheets to handle accounting records may be a viable option. However, as your business grows, expands, and begins to handle more complex and large amounts of financial data, the need for an accounting software becomes necessary. Accounting software is a business program that handles various accounting and bookkeeping tasks such as recording and reporting financial transactions, invoicing and billing, tax calculations, project management, client management, bank account reconciliation, and generating insightful financial reports.</p>

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			<h3>Signs that your Business Needs Accounting Software</h3>
<ol>
<li>You spend a significant amount of time on manual and repetitive tasks such as processing transactions and invoicing customers.</li>
<li>Your business has a hectic time during tax filing season as accounts are not up-to-date or entries are inaccurate.</li>
<li>You are juggling between multiple spreadsheets and paperwork to keep track of or retrieve information.</li>
<li>You are handling an increasing volume of business data and need faster access to reports for decision-making purposes.</li>
<li>There is an increase in the number of errors from using spreadsheets/manual accounting.</li>
<li>You lack technical accounting skills. Accounting software will enable you to generate comprehensive financial reports, balance your books etc. without having the technical accounting skills.</li>
</ol>

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			<h3>What are the Benefits of Accounting Software to your Business?</h3>
<ol>
<li><em>Improved Efficiency</em> – Accounting software can handle multiple bookkeeping tasks and information retrieval can be done in a shorter time.</li>
<li><em>Increased Accuracy </em>– Accounting software can add income and expense totals, compile reports, and generate invoices thereby increasing data accuracy and simplifying accounting duties.</li>
<li><em>Saves Time </em>– Automation of tasks such as issuing invoices, updating client records, sending reminders to clients, recording sales and reconciling books of account releases employees to focus on other tasks such as strategy and growth.</li>
<li><em>Ease of Tax Filing</em> – Accounting software organizes company records such that financial transactions can be tracked easily, tax filing can be done faster, and compliance with tax laws can be met.</li>
<li><em>Ease of the Audit Process</em> – The audit process will be shorter for a company with formal records than those with hand-recorded books, as the auditor can navigate figures and reports within the software.</li>
<li><em>Financial Data Synching</em> – Data from several sources is captured and stored in one place making it easier to track company progress and plan ahead.</li>
<li><em>Cost Reduction</em> – Having accounting software means a reduction in the number of employees the business needs to carry out a particular accounting task. Employees also have more time to do profitable work within the business.</li>
<li><em>Improved Cash Flow Management</em> – Accounting software can generate more accurate reports, helping the business to gain more insight on company cash flows.</li>
<li><em>Information Security</em> – Accounting software prevents data from being jeopardized as structures are present to decide who will have access to the sensitive data.</li>
<li><em>Customer Relationship Management</em> – Accounting software works around efficient billing and invoicing thus preventing all sorts of delays and miscommunication.</li>
</ol>

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			<p><strong>Conclusion:</strong> Investing in the right business automation tools can be the difference between growth and stagnation of your business.</p>

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</div><p>The post <a href="https://bellmacconsulting.com/the-need-for-accounting-software/">The Need for Accounting Software</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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		<title>Working Capital Management</title>
		<link>https://bellmacconsulting.com/working-capital-management/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Tue, 30 Aug 2022 09:13:17 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Capital]]></category>
		<category><![CDATA[Development]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=6610</guid>

					<description><![CDATA[<p>Working capital is a critical aspect of any business for the smooth running of its operations and is an indicator of the financial health of a business.</p>
<p>The post <a href="https://bellmacconsulting.com/working-capital-management/">Working Capital Management</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
]]></description>
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			<p><em>Working capital is a critical aspect of any business for the smooth running of its operations and is an indicator of the financial health of a business. </em></p>

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			<p>Working capital is the money used to meet a business’ day-to-day operating expenses and short-term obligations (i.e. those due in the next 12 months). Working capital management is a strategy employed by businesses to ensure efficient utilization of current assets to cover current liabilities and to ensure effective business operations.</p>
<p>The optimal working capital ratio (i.e. current assets to current liabilities) is between 1.2 and 2. A ratio less than 1 is an indicator of future liquidity problems and management needs to act immediately. A ratio greater than 2 could be a sign that management is hoarding too much cash instead of investing to generate returns and enhance growth.</p>

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			<h3>How Can Businesses Manage Their Working Capital?</h3>
<ol>
<li><strong>Managing Inventory</strong><br />
A higher net working capital can be achieved by reducing slow-moving inventory, increasing inventory turnover, and avoiding stockpiling.</li>
<li><strong>Managing Payables</strong><br />
Effective and efficient management of payables is a great factor in working capital management. It develops better relationships with vendors; avoids fines and penalties; and enables the business to negotiate better deals, payment terms, and discounts.</li>
<li><strong>Managing Receivables</strong><br />
A company should collect its receivables on time to increase the current assets of a company which in turn increases the working capital of the company and improves ability to meet obligations arising from operations.</li>
<li><strong>Managing Short-term Debt</strong><br />
Companies should select the appropriate capital structure and funding mechanisms to minimize the cost of capital and maximize the value of the company.</li>
<li><strong>Supply Chain Management</strong><br />
To help reduce unexpected expenditures and protect working capital a company should manage inventory levels, have a consistent supplier listing, be able to track supplier performance, and regularly negotiate better terms.</li>
<li><strong>Careful Control and Monitoring of Expenses</strong><br />
A company should have in place appropriate policies and procedures, budgets, and budgetary controls to help manage expenditure and ensure smooth functioning of the business.</li>
</ol>

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</div><p>The post <a href="https://bellmacconsulting.com/working-capital-management/">Working Capital Management</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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		<title>Doing Business Internationally</title>
		<link>https://bellmacconsulting.com/doing-business-internationally/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Wed, 24 Aug 2022 06:23:11 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Development]]></category>
		<category><![CDATA[International]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=6599</guid>

					<description><![CDATA[<p>International business involves producing and/ or selling goods and services cross-border, between countries. International business can be carried out in several ways.</p>
<p>The post <a href="https://bellmacconsulting.com/doing-business-internationally/">Doing Business Internationally</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
]]></description>
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			<p><em>“Venturing out of your comfort zone to trade internationally may make your business stronger, more successful, and more profitable”. </em><strong>Bruna Martinuzzi</strong></p>

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			<p>International business involves producing and/ or selling goods and services cross-border, between countries. International business can be carried out in several ways:</p>
<ul>
<li>Produce goods and services domestically and sell internationally</li>
<li>Produce goods and services in a different country and sell domestically.</li>
<li>Produce goods and services in a different country and sell internationally.</li>
</ul>
<p>However, due to language barriers; cultural differences; government policies and laws; and differences in currencies, time zones, and inflation rates doing business internationally can be an arduous task.</p>

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			<h3>What tips can one apply when doing business internationally?</h3>
<p>eFax and Maryville University have come up with the following tips to help you navigate the international business space:</p>
<ol>
<li><strong>Select Markets Wisely</strong><br />
Market research is important to gain insights on consumption habits, and spending habits as well as gaining an understanding of the kind companies new foreign markets want to patronize and those they don’t.</li>
<li><strong>Knowledge on Restrictions and Regulations</strong><br />
Before venturing into a new foreign market, you must be aware of the legal obligations and business regulations in force. Successful world trade requires compliance with international laws.</li>
<li><strong>Knowledge of the Business Culture</strong><br />
Each country has their own way of doing things. The secret for success in foreign markets lies in educating yourself and adapting to the cultural norms of the international market you are entering.</li>
<li><strong>Product Branding</strong><br />
The current branding of your product may have a negative or offensive meaning in different cultures. On the other hand, there may already be a product or brand existing in that country with a similar name.</li>
<li><strong>Engage Local Market Experts</strong><br />
You may need some expert support to guide you and set you on the right path. Market experts will help you understand the culture and risk factors in the new market.</li>
<li><strong>Be Adaptive</strong><br />
There is no one-model-fits-all way to run your interactions with foreign counterparts. Meetings will run very differently based on local norms and customs, therefore being adaptive is very important.</li>
<li><strong>Find Common Ground</strong><br />
When it comes to managing employees in an international company finding a middle ground is important to fostering teamwork. Leaders have to ask about each individual’s expectations and set out priorities clearly.</li>
<li><strong>Communication Etiquette</strong><br />
Learning the conversation styles of the foreign markets you interact with is important. This includes aspects such as who should speak in conversations and for how long, as well as whether meetings should be structured or free-flowing.</li>
<li><strong>Overcome Personal Barriers</strong><br />
Feelings of inadequacy when playing in a field very different from the environments where an executive has thrived in the past, as well as the stress that comes with trying something new may crop up and need to be overcome.</li>
</ol>

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</div><p>The post <a href="https://bellmacconsulting.com/doing-business-internationally/">Doing Business Internationally</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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		<title>Public Private Partnership (PPP) as a Catalyst to Infrastructure Development in Kenya</title>
		<link>https://bellmacconsulting.com/public-private-partnership-ppp-as-a-catalyst-to-infrastructure-development-in-kenya/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Wed, 17 Aug 2022 13:27:49 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Court]]></category>
		<category><![CDATA[Development]]></category>
		<category><![CDATA[Employees]]></category>
		<category><![CDATA[Government]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=6590</guid>

					<description><![CDATA[<p>Kenya’s development blueprint, “Vision 2030” aims to transform Kenya into a newly industrializing, middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure environment.</p>
<p>The post <a href="https://bellmacconsulting.com/public-private-partnership-ppp-as-a-catalyst-to-infrastructure-development-in-kenya/">Public Private Partnership (PPP) as a Catalyst to Infrastructure Development in Kenya</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
]]></description>
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			<p>Kenya’s development blueprint, “<em>Vision 2030</em>” aims to transform Kenya into a newly industrializing, middle-income country providing a high quality of life to all its citizens by 2030 in a clean and secure environment. A key focus pillar to deliver Vision 2030 is infrastructure development. The Kenyan government estimates to spend approximately USD 60 billion in infrastructure development over an 8 years period against an available resources of USD 25 billion, leaving a funding deficit of USD 40 billion. To bridge this funding gap, the government has initiated policy measures that seeks to collaborate and partner with private sector to carry out infrastructure developments through Public Private Partnerships (PPP) and concession arrangements.</p>
<p>PPP provide an alternative source of financing and delivery of infrastructure projects by Government from the traditional methods of public procurement and privatisation. PPP arrangements offer an opportunity for the Government to attract and mobilizing private sector participation in financing, building, and operating infrastructure services and facilities.</p>
<p>The Government is able to leverage both private sector funds and expertise to deliver essential services to the public to fund infrastructure development that are considered strategic and are of public interest. In a PPP arrangement, the risk of the project is transferred to the private party. The Government keeps control of the asset and avoid some of the failings in public procurement and such as corruption and privatisation such as loss of control of the infrastructure are related consequences like unemployment, in accesses to the service due to it being expensive.</p>
<h3>Public Private Partnership (PPP)</h3>
<p>A Public Private Partnership (PPP) is a contractual arrangement between a contracting authority and a private party under which a private party:-</p>
<ul>
<li>undertakes to perform a public function or provide a service on behalf of the contracting authority; or</li>
<li>receives a benefit for performing a public function by way of:-
<ul>
<li>compensation from a public fund;</li>
<li>charges or fees collected by the private party from users or consumers of a service provided to them; or</li>
<li>a combination of such compensation and such charges or fees.</li>
</ul>
</li>
</ul>
<p>The private party undertake the project and will be liable for risks arising from the performance of the project and will eventually transfers the facility to the contracting authority.</p>
<h3>The Public Partnership Act, 2021</h3>
<p>The Public Private Partnership Act, 2021 (the Act) came into effect on December 23, 2021, repealing the Public Private Partnership Act, 2013.</p>
<p>The Act provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure or development projects through public private partnerships. The objects of the Act are stated to include:</p>
<ul>
<li>to prescribe procedures for participation of the private sector in public private partnerships;</li>
<li>to harmonize the institutional framework for the implementation of public private partnership projects;</li>
<li>to give effect to Article 227 of the Constitution on procurement relating to public private partnerships;</li>
<li>to streamline and rationalize the regulatory, implementation and monitoring mandates of the relevant agencies; and</li>
<li>to provide for the participation of county governments in public private</li>
</ul>
<p>The Act applies to every project agreement for the financing, design, construction, rehabilitation, operation, equipping or maintenance of a project or provision of a public service undertaken as a public private partnership.</p>
<h3>PPP Institutions</h3>
<p>The PPP Act establishes certain institutions tasked with the responsibility of regulating, monitoring and supervising the implementation of PPP projects. These institutions are:</p>
<ol>
<li><strong>Public Private Partnership Committee</strong>. It is responsible for, among other, the formulation of policies on PPP, and overseeing the implementation of PPP contracts.</li>
<li><strong>Directorate of Public Private Partnerships</strong>. It is the lead institution in the implementation of PPP projects. Its responsibility includes;</li>
</ol>
<ul>
<li>originating, guiding and co-ordinating the selection, ranking and prioritization of PPP projects within the public budget framework,</li>
<li>overseeing appraisal and development activities of government institutions including providing technical expertise in the implementation of projects under this Act;</li>
<li>guiding and advising contracting authorities in project structuring, procurement and tender evaluations;</li>
<li>leading contracting authorities in contract negotiations and deal closure;</li>
<li>on its own motion, originating and leading in project structuring and procurement, in liaison with a contracting authority;</li>
<li>supporting the development of PPP programmes in the country;</li>
<li>overseeing contract management frameworks for projects under this Act; and</li>
<li>undertaking any other activity necessary for the fulfilment of any of the functions of the Directorate.</li>
</ul>
<h3>Types of PPP Arrangements</h3>
<p>The Act stipulates what is to be considered a PPP Project. The Second Schedule to the Act set out the structure or type of PPP arrangements that a contracting authority may enter into. These are;</p>
<ol>
<li><strong>Management Contract</strong> &#8211; where a private party is responsible for the management and performance of a specified obligation, within well-defined specifications for a specified period of time not exceeding ten years, and the contracting authority retains ownership and control of all facilities and capital assets and properties.</li>
<li><strong>Output Performance Based Contract</strong> &#8211; where the private party is responsible for the operation, maintenance and management of an infrastructure facility for a specified period of time not exceeding ten years and the contracting authority retains ownership of the facility and capital assets.</li>
<li><strong>Lease</strong> &#8211; whereby the private party pays the contracting authority rent or royalties and manages, operates and maintains the facility or utilises the leased property for the purpose of exploration, production and development of minerals and receives fees, charges or benefits from consumers for the provision of the service or sale of products for specified period of time not exceeding thirty years.</li>
<li><strong>Brownfield Concession</strong> &#8211; where contracting authority issues a contractual licence to the private party to operate, maintain, rehabilitate or upgrade an infrastructure facility and to charge a user fee while paying a concession fee to the contracting authority for a specified period of time not exceeding thirty years.</li>
<li><strong>Build – Own – Operate – Transfer Scheme</strong> &#8211; where the private party designs, constructs, finances, operates and maintains an infrastructure facility owned by the private party for a specified time period not exceeding thirty years, or such longer period as may be agreed, after which the private party transfers the facility to the contracting authority.</li>
<li><strong>Build – Own – Operate Scheme</strong> &#8211; where the private party designs, finances, constructs, operates and maintains the infrastructure facility and provides services for a specified period of time.</li>
<li><strong>Build – Operate – and &#8211; Transfer Scheme</strong> &#8211; where the private party finances, constructs, operates and maintains an infrastructure facility and transfers the facility to the contracting authority at the end of a specified term which shall not exceed thirty years.</li>
<li><strong>Build – Lease – and &#8211; Transfer</strong> &#8211; where the contracting authority authorizes the private party to finance and construct an infrastructure or development facility and upon its completion lease it to the contracting authority for a specified period not exceeding thirty years and upon the expiry of which the ownership of the facility automatically transfers from the private party to the contracting authority.</li>
<li><strong>Build – Transfer – and &#8211; Operate</strong> &#8211; where the private party constructs an infrastructure facility and assumes the costs and risks associated with the construction of the building and upon completion, transfers the ownership of the facility to the contracting authority and continues to operate the facility on behalf of the contracting authority for a specified period not exceeding thirty years.</li>
<li><strong>Build &#8211;</strong> <strong>Transfer</strong> &#8211; where the private party designs, builds, and finances a public facility in exchange for payments by the contracting authority over a specified period of time, after which transfer occurs automatically to the contracting authority for a specified period not exceeding twenty years.</li>
<li><strong>Develop – Operate – and &#8211; Transfer</strong> &#8211; where favourable conditions external to a proposed infrastructure project by a private party are integrated into the arrangement by giving that private party the right to develop adjoining property, and enjoy the benefits the investment creates as the parties agree on condition that the private party transfers the infrastructure facility to the contracting authority within a period not exceeding thirty years from the commencement of the project and the developed property remain the property of the private party in perpetuity.</li>
<li><strong>Rehabilitate</strong> <strong>–</strong> <strong>Operate</strong> <strong>–</strong> <strong>and</strong> <strong>&#8211;</strong> <strong>Transfer</strong> &#8211; where the private party refurbishes, operates and maintains for a specified period not exceeding 30 years, an existing facility at the expiry of which the private party transfers the facility to the contracting authority.</li>
<li><strong>Rehabilitate-Own-and-Operate</strong> &#8211; where an existing facility is transferred by the contracting authority to the private party to refurbish and operate it with no time limitation imposed on ownership and the private party abides by the conditions of the arrangement during the operation of the facility.</li>
<li><strong>Annuity-based Design, Build, Finance and Operate</strong> &#8211; under which a private party is authorized by a contracting authority to design, finance, construct, operate or maintain a public infrastructure facility, in exchange for which the private party receives defined annuity payments over a specified period of time not exceeding 30 years, at the end of which the facility transfers back to the contracting authority automatically.</li>
<li><strong>Joint Venture Partnerships</strong> &#8211; under which a contracting authority and a private party collaborate in the joint development of a public facility, and under which the contracting authority contributes by designating public assets such as land to the project, and various government support measures as the case may be, and under which the private partner is responsible primarily for financing, construction and maintenance of the public infrastructure facility for a defined period of time not exceeding thirty years.</li>
<li><strong>Strategic Partnerships</strong> &#8211; under which a public agency sources strategic private partners to jointly develop a public investment programme under such terms as they may agree, but under which key project risks including construction, financing and operations are held by the private party, and which arrangements may have a defined end date or a defined set of parameters that support relationship adjustment over time but not exceeding thirty years.</li>
<li><strong>Land Swap</strong> &#8211; where a contracting authority transfers existing public land or an asset to the private party in consideration of an asset or facility that has been developed by that private party.</li>
</ol>
<h3>PPP Project Procurement Methods</h3>
<p>The Act enhances the procurement options available to a contracting authority for PPP projects. There are four methods through which a contracting authority may procure a PPP Project. These are;</p>
<ul>
<li><strong>Direct Procurement</strong><br />
The contracting authority may use direct procurement for the PPP under certain exceptional circumstances set out in the Act. These exceptional circumstances include where the private party possesses the intellectual property rights to the key approaches or technologies required for the project, where the works or services are only available from a limited number of private parties, or where significantly lower cost of delivering the works or services will be realised, or where there is urgent need for the works or services, and any other procurement method is impractical.</li>
<li><strong>Privately-initiated Proposals (PIP)</strong><br />
This is where a private party submits a privately-initiated proposal (PIP) to a contracting authority for consideration. The Act sets out clear circumstances under which a contracting entity may consider a PIP. The considerations are whether;</p>
<ul>
<li>the project is aligned with national infrastructure priorities and meets a demonstrated societal need;</li>
<li>the project provides value for money;</li>
<li>the project proposal provides sufficient information for the contracting authority to assess fiscal affordability and the potential contingent liability implications of the proposal;</li>
<li>the project can be delivered at a fair market price;</li>
<li>the project is supported by all documents necessary for purposes of transparency and accountability; and</li>
<li>the project supports the efficient transfer of risk from the public sector.</li>
</ul>
<p>The private entity should provide certain information in regard to the PIP. The contracting authority then submits the PIP to the Directorate for assessment and approval. The Directorate is required to carry out a due diligence on the private entity before commencing the evaluation of the PIP. Where the PIP is approved, the proposal proceeds to the project development phase, where the private party prepares specific project development activities before the project can be approved.</li>
<li><strong>Restricted</strong><strong> Bidding</strong>A contracting authority may be procured a PPP through a restricted bid where;
<ul>
<li>competition for contract is restricted to prequalified tenderers, because of the complex or specialized nature of the works and services;</li>
<li>the time and cost required to examine and evaluate a large number of tenders would be disproportionate to the value of the works or services to be procured;</li>
<li>if there is evidence to the effect that there are only a few known suppliers of the whole market of the works or services;</li>
<li>an advertisement is placed on the procuring entity website regarding the intention to procure through limited tender</li>
</ul>
</li>
<li><strong>Competitive</strong><strong> Bidding</strong>Under competitive bidding, the contracting entity, in consultation with the Directorate, invites bids from eligible bidders in respect of the PPP Project. The contracting authority invites requests for qualifications for qualified bidders and prepare a short list of prequalified bidders. A qualified bidder intending to bid for a PPP project is required to complete and submit a technical and financial bid.</li>
</ul>
<h3>PPP by County Governments</h3>
<p>The Act provides for the mechanisms for a county government may enter into a PPP agreement with a private party to undertake a PPP Project. The county government will carry out a detailed feasibility study of the project and submit the same to the Directorate. Where the project requires government support or exceed the fiscal ability of the county government, the county government is required to obtain the written approval to undertake the project from the Committee and Cabinet Secretary for finance and submit a list of the projects to the Directorate for inclusion in the published national list of projects. In addition, the county government is required to obtain the approved of county assemblies before undertaking the project.</p>
<h3>Conclusion</h3>
<p>The PPP provides a mechanism for the government to close the funding gap in infrastructure development  by providing avenue for the participation of the private sector in the financing, construction, development, operation, or maintenance of infrastructure or development projects of the Government through concession or other contractual arrangements. The structure of the PPP arrangements is broad enough to accommodate different forms of arrangements between the contracting authority and the private</p>
<p>The Act provides for a local content requirement as a policy objective of PPP. The parties to a PPP agreement are required to give priority to Kenyan suppliers of goods and services that meet the specifications of the industry and ensures mechanisms for technology transfer.</p>

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</div><p>The post <a href="https://bellmacconsulting.com/public-private-partnership-ppp-as-a-catalyst-to-infrastructure-development-in-kenya/">Public Private Partnership (PPP) as a Catalyst to Infrastructure Development in Kenya</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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		<title>Practical Guide to Restrictive Covenants in Contractors</title>
		<link>https://bellmacconsulting.com/practical-guide-to-restrictive-covenants-in-contractors/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Fri, 10 Jun 2022 07:51:03 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Development]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=5877</guid>

					<description><![CDATA[<p>Most employers are wary that their employees may leave employment and set up a competing venture to that of the employer’s business...</p>
<p>The post <a href="https://bellmacconsulting.com/practical-guide-to-restrictive-covenants-in-contractors/">Practical Guide to Restrictive Covenants in Contractors</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
]]></description>
										<content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="container vc_container   " ><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12">
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			<p><span data-contrast="auto">Most employers are wary that their employees may leave employment and setup a competing venture to that of the employer’s business, or that the employee may be poached by the competitor and use the information gained by the former employee to encroach on their markets.</span><span data-ccp-props="{"> </span></p>

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			<p><span data-contrast="auto">How can an employer who has invested in the training and upskilling of their employee, prevent such an employee from engaging in activities that are in direct competition with their business during employment or from competing with their businesses after employment ends? How does an employer protect their businesses proprietary information such as customer contacts, trade secrets, formulas, process, and business strategies from being used by ex-employee or from being disclosed to their competitors seeking to encroach upon their market?</span><span data-ccp-props="{"> </span> <span data-contrast="auto">An employee can protect it business from unfair competition by having restrictive covenants in the employment contracts of senior staff who have access to sensitive proprietary information or highly skilled staff with specialized knowledge gained from their employment. </span></p>

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			<p><span data-contrast="auto">More employees are increasingly requiring their employee to sign restrictive agreement that prohibits them from starting a competition business or taking up employment with a competitor for a certain period after leaving employment.</span><span data-ccp-props="{"> </span></p>

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<h4 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">What is a Restrictive Covenant?</h4>
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			<p>A restrictive covenant is an agreement that restricts a party to a contract from engaging in certain actions. Restrictive covenants are usually included in various types of contracts such as distributorship agreement, franchising agreement, contractors’ agreement, ICT &amp; software development agreement, shareholders agreement, partnership agreement and any other sorts of business agreement.</p>
<p>Restrictive agreements are becoming more common standard covenants in employment contracts. They restrict an employee from competing with an employer either during employment or after termination of employment or from soliciting and dealing with the customers of the employer or prohibit employees from disclosing sensitive or confidential information to third parties.</p>
<p>Restrictive covenants may also prevent a competitor from poaching of employees. Restrictive covenants can also be applicable to directors and other officials and professionals dealing with the company such as consultants and independent contractors.</p>
<p>Restrictive covenants should however, only be used to protect a legitimate business interest – for example, client contacts, trade secrets, confidential information, formulas, business processes and procedures, strategies – and not simply to stifle or prevent competition.</p>

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<h4 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Types of Restrictive Covenants</h4>
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			<p><strong>The usual restrictive clauses used in contracts include:</strong></p>
<ul>
<li><strong>Non-Competition Covenant:</strong> Non-compete clause prevents an ex-employee from competing completion with an employer either during employment, like having a “side-hustle” business that is in direct competition with the employer’s business or after termination of employment, for example, setting up a competing enterprise or working for a competitor in a similar market as that of the employer;</li>
<li><strong>Non-Solicitation Covenant:</strong> Non-solicit clause prevents an ex-employee from soliciting or canvassing with the clients, customer, or suppliers of the former employer with the aim of inciting them to trade with the ex-employee thereby taking away their business from the former employer.</li>
<li><strong>Non-Dealing Covenants:</strong> Non-dealing clause is similar to the non-solicitation clause in that it prohibits an ex-employee from dealing with clients, customers, or suppliers of the former employer with the only difference being that it does not matter which party approached the other.</li>
<li><strong>Non-Poaching/Anti-Raiding Covenants:</strong> Non-Poaching/Anti-Raiding Clause prevents an ex-employee from poaching the other employees or where a competitor entices or poaches the employees to come work for them. This may arise, for example, in a team-move where a competitor poaches the whole team of employees working in a certain division from their competitors. Non-poaching covenants are often used by vendors to prevent its customers or clients from poaching the vendor’s employees in an attempt to avoid using the vendor by bringing the vendor’s expertise in house. When this happens, the vendor loses not only a key employee, but also, in many cases, a client.</li>
</ul>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Restrictive Covenants During Employment</h5>
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			<p>Generally, an employee is obliged not to compete with the employer during employment. This is a natural consequence of the employment relationship. However, an employee cannot be prevented from undertaking activities for another (non-competing) employer.</p>
<p>There is an implied duty of loyalty, fidelity, trust and confidence imposed on existing employees, including directors and officers dealing with the company, which restricts employees from doing action that would be detrimental to the employer including competing with the employer or assisting a competitor. Related to the duty of loyalty, an employee is required to disclose any potential conflict of interest. The employer must consent to the conflict of interest.</p>
<p>If the employer does not consent to the conflict of interest, the employee may be compelled to resign and will be liable for any damages suffered by the employer caused by the conflict. This obligation can and usually is further extended and/or defined by incorporating restrictive covenants in the employment contract.</p>
<p>It is therefore vital that employee, as well as directors and other officers of a company fully disclose any conflict of interest that may result in assisting a competitor of a company. Such disclosure should be in writing and updated from time to time if circumstances alter.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Restrictive Covenants After Employment</h5>
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			<p>In the absence of any express restrictions, an employee who has left employment is free to engage in any legal profession, trade, business or occupation and compete with their former employer. However, most employment contracts have certain duties or obligations that survive the termination of employment, most notably the obligations regarding trade secrets and confidential information and the rights to intellectual property. These will only provide limited protection. Employer should ensure that they have comprehensive restrictive covenants in their employment contracts that protect the employers from unfair practices by their ex-employee and competitors. The restrictive covenant should be just wide enough to protect the legitimate interests of the employer but not too restrictive as to negatively affect the employee and deny his right to earn a living.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Enforcement of Restrictive Covenant</h5>
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			<p>Restrictive covenants are lawful and enforceable in Kenya. Section 2 of the Contract in Restraint of Trade Act (Cap 24), makes lawful any agreement or contract that restrains a party from exercising any lawful profession, trade, business or occupation, save for where the contract is unreasonable or contrary to public policy. However, the courts can declare a restrictive covenant to be void and therefore unenforceable where the Court is satisfied that the covenant is not reasonable either in the interest of the parties or is against public interest. In determining whether a restrictive covenant is reasonable, the court will consider the following;</p>
<ul>
<li>the nature of the profession, trade, business or occupation to be restrained;</li>
<li>the duration of the restraint;</li>
<li>the geographical area within the restraint applies, and</li>
<li>all the circumstances of the case,</li>
</ul>

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			<p>Reasonableness is in respect of the interest of the parties or against public interest. In the case of <strong><em>Esso Petroleum v Harpers Garage 1967 All ER</em></strong> the court said about the reasonableness of a restrictive covenant as follows;</p>
<blockquote><p>
“Courts will not enforce a restraint which goes further than affording adequate protection to the legitimate interest of a person in whose favour it is granted. This you must think, to be because too wide a restraint is against the public interest”
</p></blockquote>

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			<p>Kenyan courts have applied the same principles to declare restrictive covenants in employment contract void.</p>
<ul>
<li>LG Electronics Africa Logistics FZE vs. Charles Kimari [2012]eKLR</li>
<li>Credit Reference Bureau Holdings Limited versus Steven Kunyiha [2017] eKLR</li>
<li>Bridge International Academies Limited versus Robert Kimani Kiarie [2017]eKLR</li>
</ul>
<p>An employer who includes restrictive covenants in their contracts of employment should take care that these reflect the circumstances of individual staff and their profession, trade, business or occupation to avoid the risk of them being held by the courts to be unreasonable and therefore unenforceable.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Garden Leave</h5>
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			<p>Garden leave are increasingly being included in employment contracts alongside restrictive covenants to increase the chances of the courts upholding and enforcing a restrictive covenant. Garden leave is where an employee, who has left employment, stays at home and is restricted from engaging in any employment for a specified period but continues to be paid by his former employer during the gardening leave period. Garden leave must be provided for in the contract and it is subject to the test of reasonableness in terms of duration. The rationale for having a garden leave clause is that it prevents the employee from taking up another employment with a competitor for that period and hopefully the employee will not still have the knowledge of the confidential information or the information would have been outdated and of no significant use. On the employees’ side, he will continue earning an income during the garden period. It is therefore a win-win situation.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Remedies for Breach of Restrictive Covenants</h5>
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			<p>The main remedies on the part of an employer for breach of a restrictive covenant by an employee are an injunction and compensation.</p>
<p><strong>Injunctive Order</strong> Injunction order seeks to prevent the employee from continuing with the breach of the restrictive covenants. It can be combined with an order for deliver-up of the confidential information.</p>
<p><strong>Damages </strong>The employer can claim damages for financial loss suffered for breach of a restrictive covenant by the employee such as loss of profits diverted due to breach by the employee. The employer can also seek damages from the competitor who poached the employee leading to the breach the restrictive covenant.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Conclusion</h5>
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			<p>Restrictive covenant area valuable tool that protects a party against unfair competition and exploitation of the parties sensitive information. Employers should consider include restrictive covenant for their key employees. The restrictive covenant should not be too restrictive. They should not be too wide than is reasonably necessary for the protection of legitimate business interests. They should not deny the employee the right to earn a living. It’s also important to inform the employees and competitors of the existence of the restrictive covenant to deter them from breaching the same. The employer should ensure that they remind the departing employee of the restrictive covenant they had previously signed.</p>

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</div><p>The post <a href="https://bellmacconsulting.com/practical-guide-to-restrictive-covenants-in-contractors/">Practical Guide to Restrictive Covenants in Contractors</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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		<title>Formalising your Business</title>
		<link>https://bellmacconsulting.com/formalising-your-business/</link>
		
		<dc:creator><![CDATA[bella]]></dc:creator>
		<pubDate>Fri, 01 Apr 2022 07:25:29 +0000</pubDate>
				<category><![CDATA[News & Alerts]]></category>
		<category><![CDATA[Development]]></category>
		<guid isPermaLink="false">https://bellmacconsulting.com/?p=5864</guid>

					<description><![CDATA[<p>The beginning of the new year is traditionally a time for goal-setting. You may be among the many who have made a resolution to start an online business in the new year, either as a hobby...</p>
<p>The post <a href="https://bellmacconsulting.com/formalising-your-business/">Formalising your Business</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
]]></description>
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			<p>The beginning of the new year is traditionally a time for goal setting. You may be among the many who have made a resolution to start an online business in the new year, either as a hobby, a side hustle to supplement your income or maybe you want to leave formal employment and concentrate on your business full time.<br />
With advancement in technologies, starting an online business has never been easier. The internet has made it possible for anyone to sell almost anything, and having access to customers anywhere around the world. You can now sell your goods and services right from the comfort of your home on your laptop or phone simply by using an online App or platform and reach a global market. Online shopping platforms such as Jumia, Jiji, Kilimal, Pigiame, Cheki, and even social media platforms such as Facebook, Instagram and WhatsApp, have made it possible for anyone to sell their merchandise online, ranging from clothes, shoes, furniture and other household items, to electronics and phones, and even cars, houses and land, simple by logging in the details of the items on sale on the online platform and allowing potential buyers to purchase the items. You do not have to have the traditional brick and mortar shop to sell your wares.</p>

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			<p>This then raises an important question, when does selling items online be said to be carrying on business for profit, and therefore requires complying with legal requirements for operation a business?</p>
<p>In this article, we look at some of the considerations for formalising your online business as well as offering practical tips on the most efficient the business structure to adopt for your operations.</p>

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<h4 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">When does your hobby becomes a business?</h4>
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			<p>Just because your occasionally sell your old clothes, household items, or car online, does that mean you are running a business and therefore need to comply with the legal requirements for running a business? There is no exact measure as to how many sells make a hobby, a business. As a guide, you may consider whether the following list of questions apply to your situation:</p>
<ul>
<li>Do you treat the activity like a business, such as, keeping financial records?</li>
<li>Do you need the income from the activity to pay for living expenses?</li>
<li>Do you expect to make a profit from the activity within a few years?</li>
<li>Have you made a profit from this type of activity in the past?</li>
</ul>
<p>If you answered yes to any of the above questions, you may be running a business, and may need to talk with a lawyer to advise on the formalisation of your business to ensure that you comply the legal requirements for running a business and avoid any legal penalties and fines that may be imposed for non-compliance.</p>

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<h4 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">So, what are the requirements for online retail businesses?</h4>
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			<h5>Starting a Business</h5>
<p>The specific legal requirements for starting a business depends on the type of business activity you are undertaking. The easiest way to figure out what legal requirements must be met to start your business is to ask your lawyer. Depending on the business, you might need some or all of these things, or more, to start a business:</p>
<ul>
<li><strong>Business Registration:</strong><br />
You may need to formal registration of your business. A business can be registered as a business name for a sole trader, a general partnership, a limited liability partnership (LLP), or a limited liability company (LLC). Each of these business formation have their own pros and cons which must be have in mind when choosing the most appropriate business structure to adopt.<br />
Some of the matters to consider when choosing the business structure include:<br />
<em>– ease of formation;<br />
– cost of formation;<br />
– limitation of liability;<br />
– tax efficiency;<br />
– continuing compliance obligations</em><br />
You therefore, need to discuss with a lawyer on the most appropriate business structure to adopt for your business.</li>
<li><strong>Business Permit and Trade Licences</strong><br />
The county government where the business is locates may require that you obtain a business permit or trade licences to run the business. The County Government office in your area will advise on the type of business permit required depending on the nature of the business. The most common is the Unified Business Permit. Other licences include trade licence, and fire certificate. Businesses dealing in consumables are required to obtain a health certificate and food hygiene licence. Where the business has an advertising signature, an advertising signage licence is required.<br />
In addition, certain professional services will require that you obtain certification and licence for the professional body regulation that profession. Most permits and licences are valid for 12 months i.e., from January to December and are renewable upon expiry.</li>
<li><strong>Personal Identification Number (PIN)</strong><br />
Businesses operation in Kenya are required to obtain a PIN from Kenya Revenue Authority (KRA) for tax purposes. The application for the PIN certificate is made on the online platform, iTax. The PIN certificate is also required for other transactions such land purchase, applying for business permits and trade licences, registration of motor vehicles, power connection, and opening bank accounts.</li>
<li><strong>Running a Business</strong><br />
Once you have set up and registered your business and obtained the necessary permits and licenses, the next step is getting certain legal documentations in place to ensure that your business runs smoothly and shield your business from any potential legal risks. Theses may include:<strong>Contracts:</strong> A contract is an agreement between you and third parties that you deal with in your business, containing a promise to supply goods and services. The contract sets out the terms and conditions on which the products are to be supplied and also act as a record of your agreement, which becomes very crucial when a dispute arises.Some of the common contract used in a business include supply contract, distribution contract, sale contract, purchase order, proforma invoice, and receipts.</p>
<p>Although some online shopping platforms may have terms and conditions for sales between buyers and sellers, you should always have some documents of your own. The contracts will ensure that there are records of the transactions, and this helps prevent and resolve potential problems.</p>
<p><strong>Lease:</strong> Where you operate your business from a rented space, ensure you have a lease agreement with the landlord. The lease agreement will contain the terms and condition on which the space is let out, such as the names and address of the landlord and tenant, the size of the space let out, the rent payable, the period of the lease, and the manner of termination of the lease, among others.</p>
<p><strong>Online Terms and Conditions:</strong> Where you conduct you business transactions online on your website, you will need to include Online Terms and Conditions on your website, informing your customers of the terms and conditions on which the online sale is made, such as the policies on placing and confirmation of orders, warranties, payment, collection or delivery, returns and exchanges, and refunds.</p>
<p><strong>Online Privacy Policy:</strong> Where your customer are required to provide their personal details, such as names, and addresses, when completing a transaction on your online platform, you need to have an online privacy policy. An Online Privacy Policy can protect your business and inform anyone on your website about what information is collected and how that information is used.</p>
<p><strong>Intellectual Property Protection:</strong> You need to protect your intellectual property associated with your business. These may include trademarks to protect your brand names, slogans, logos, and other designs that identify your business or your product; copyright to protect other creations you might use in your business, such as website content, designs, menus and recipes; and patents to protect new inventions created in your business among others.</p>
<p><strong>Legal Advice:</strong> It is important that you retain the services of a lawyer to offer legal advice to your business. A lawyer may carry out a legal health-check” on the business to ascertain the level of compliance with the law.</p>
<p><strong>Tax Advice:</strong> A tax expert will assist your business comply with the tax obligations and the calculation and payment of taxes. This will save your business money and eventually affect your bottom line.</p>

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<h5 style="text-align: left" class="vc_custom_heading wpb_animate_when_almost_visible wpb_fadeInUp fadeInUp   text-left">Do I need to register my business?</h5>
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			<p>Whether you should register your business depends on considerations such as the size of your business, and the kind of activities you are doing. Small scale businesses operated by a sole proprietor can be registered as a simple business name. As the business grows and the becomes more complex, it is advisable to register the business as limited liability company or an LLP.<br />
It is recommended that you should register your business and obtain all required business permits and licenses before engaging in any business activities.<br />
Whether the activity is a hobby, a few private sales per year, or a business, it is important that you comply with all the legal requirements in relation to those activities to forestall any problems that may arise.<br />
Please contact us for assistance in starting and running your own eCommerce business. We offer expert legal advice tailored for your business needs.</p>
<p>This article contains general legal information and does not contain legal advice. For legal advice, please ask a lawyer.</p>

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</div><p>The post <a href="https://bellmacconsulting.com/formalising-your-business/">Formalising your Business</a> appeared first on <a href="https://bellmacconsulting.com">Bellmac Consulting LLP</a>.</p>
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