Dental Practice Solicitors
Setting up your own dental practice will require a great deal of preparation – there are many legislative bodies involved – and you want to be sure that when you’re ready to say “Open wide!”, you’re not going to find any hidden nasties!
Contact our expert dental practice solicitors
How can we help?
At Scott Bailey, our dental services team brings a wealth of experience to the table, offering advice on crucial legal matters such as sale and purchase agreements, expense sharing agreements, partnership agreements and associate agreements. Whether you’re currently operating under a NHS contract or have a private practice, regardless of whether you’re a buyer or seller, our hands-on approach and meticulous attention to detail will give you the legal foundation to run a successful healthcare operation.
Dental practice regulatory and compliance
As a dental practice owner, you have a responsibility to make sure all regulatory and compliance requirements are met. You have to consider many responsibilities from preparing for inspections to servicing x-ray machines, infection control to emergency drugs. At Scott Bailey our legal advisors for dentists work with successful owners and operators of dental practices ranging from sole practitioners to dental corporates in a variety of settings. Whatever your legal requirements, our team provides practical, clear and focused advice which is easily accessible and tailored to your specific needs whether that is your CQC Compliance under The Care Act 2014 and The Health and Social Care Act 2008 (Regulated Activities) right across the board to the data protection of your staff and customers.
Buying and selling a dental practice – advice and guidance from dental practice solicitors
Because of the dental industry’s strict regulatory frameworks, buying or selling a dental practice can be challenging. You need to consider essentials such as the transferral of contracts for NHS practices and ensuring practice is properly registered with the Care Quality Commission (CQC).
The team at Scott Bailey has many years of experience gained advising on the buying and selling of dental practices and we understand the need for best practice, and for keeping you informed at every step of the process.
If you decide to put your business on the market, whether you are looking for an asset sale or a share sale (or a mixture of the two!), you will need to ensure that your practice information and records are in good order. Scott Bailey can support you in preparing for selling by advising on all issues throughout the process, whether you operate as a sole trader, a limited company or a partnership.
An important part of the sale will be the goodwill associated with the practice- the good name and reputation of the business, and this requires thorough consideration. Scott Bailey has the knowledge to help you achieve the best result from this complicated area.
As well as the equipment, staff and goodwill, there’s almost always a property to consider too. Whether the sale includes a freehold property, or a leasehold assignment, our commercial property team can help.
When buying your dental practice, Scott Bailey is here to support you with the legalities of financing the purchase, providing charges over property and personal guarantees. We have the expertise to draw up sales agreements which will work to your best advantage.
Partnership, shareholder and joint venture agreements for dental practices
For those considering setting up a dental practice with partners or structuring it as a limited company, Scott Bailey is your go-to legal resource. We can meticulously craft agreements that reflect the interests and roles of all involved parties, specifying details like investment levels and profit-sharing arrangements. Our expertise extends to developing shareholder agreements that outline the rights and responsibilities of each shareholder, minimising potential for conflict and aligning with company law standards.
Drafting and reviewing dental practice commercial contracts
Each consultation in your dental practice plays a role in your commercial relationships, whether with patients, staff, or suppliers. Hence, it’s vital that all commercial terms are officially documented. Since contracts are legally binding and recognised, they serve to mitigate risks while keeping everything crystal clear. Scott Bailey ensures that your commercial contracts seamlessly integrate with our other legal services, giving you the confidence that your agreements are expertly crafted or reviewed to meet your specific business needs.
Outsourcing agreements for dental practices
Should you choose to outsource elements of your dental practice, you’ll want to ensure that the contract aligns with your present and prospective objectives. A contract of this nature will be pivotal for your business’s future success. With Scott Bailey’s specialised knowledge, we can help you cover all the bases.
Any services you wish to outsource should be detailed accurately, and you’ll need to set standards and deadlines, along with penalties for non-compliance. Both parties’ duties should be clearly set out so that the third-party firm can deliver the services as expected. Crucially, a mutually beneficial pricing strategy should be agreed upon, and you might want to consider adding a clause for price reviews.
Additional factors in outsourcing encompass transferring assets if the third-party uses your facilities or equipment. They must comply with GDPR should they handle any data, and should possess all the relevant industry warranties and liability coverage. It might also be beneficial to include audit and monitoring stipulations. If you ever choose to revert to in-house services, a termination clause will be necessary.
These are all things the Scott Bailey team can advise you on, to ensure any agreements align with your evolving dental practice.
Franchise, agency, and distribution agreements for dental practices
When it comes to expanding your dental practice, Scott Bailey offers tailored guidance on franchise, agency, or distribution agreements.
Should you opt for an agency to handle staffing needs, consider their level of authorisation and autonomy. As the practice owner, you may be liable for the agency’s actions should they overstep their bounds. Payment terms and data protection measures are also key considerations.
We will advise you how the agreement works with respect to termination clauses and breaches, and will help you decide on minimum notice periods for agency agreements.
If your dental practice offers hygiene products, distribution agreements could be vital. These may entail minimum purchase obligations and trademark considerations. Our team have extensive legal expertise on limiting liabilities and straightforward termination processes.
For a franchise model, you’ll need to cover a range of considerations, from fees and royalties to staff uniforms and training. We will ensure you have a comprehensive agreement that aligns with your practice’s needs, regardless of its size.
Independent Legal Advice (ILA) for dental practices
You may need to seek independent legal advice with regard to some of your documentation. At Scott Bailey we are happy to read through your documents to ensure you are fully aware of any risks to which you might be exposed and help you to have a good in-depth understanding of your contractual obligations. We generally work to fixed fees for this service, so that you know exactly what the cost will be from the outset.
How can dental practice solicitors help with personal guarantees
When purchasing your dental practice, re-mortgaging, or taking out finance on a particularly valuable piece of equipment, the lender might require a personal guarantor for your financing or the landlord might for the lease for a leased premises. If you’ve chosen to transition your practice from a partnership to a Limited Liability Company (LLP), certain banks still insist on personal guarantees from the members.
As well as it being a requirement of many lenders, it’s important to obtain independent legal advice (or “ILA") to ensure that you understand the liabilities you or your third party guarantor are taking on. If you are operating a limited company, obtaining proper legal advice is also advisable to ensure you comply with your directors’ duties. Scott Bailey can advise on your personal guarantee papers ensuring they comply with legal standards, to avert future disagreements.
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We would like to hear from you. Please send us a message by filling out our form or contact us using the details below.
Phone: 01590 676933
Fax: 01590 679663
Scott Bailey LLP, 63 High Street, Lymington, Hampshire, SO41 9ZT
