Dental Tribune United Kindom Edition

23Practice ManagementJuly 18-24, 2011United Kingdom Edition including: • Service contracts with direc- tors – A solicitor will be able to tell whether service contracts are required and, where neces- sary, will draft a contract tai- lored to your individual needs • Advice on relevant regula- tions – Full compliance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 is vital. A so- licitor will be able to offer ad- vice on this and other regula- tions such as the Employment Rights Act 1996 • Sale of assets - Assets such as goodwill which were pre- viously owned by the princi- pals will not automatically be transferred on incorporation. In terms of taxation, it is vital there is an agreement setting out the terms of the transfer and the apportionment of the purchase price. A solicitor will be able to provide reli- able advice on the transfer of contracts including equipment leases and software licenses as well as the preparation of the necessary documentation • Goodwill – In case HM Reve- nue and Customs is determined on a lower figure, the solicitor will prepare documentation to include a goodwill valuation accompanied by provisions to prevent the document fail- ing in the event of a successful challenge by HMRC • Freehold or leasehold – De- pending on whether the prop- erty is freehold or leasehold, the solicitor will be able to of- fer advice on the transfer of the property or lease to the new company and decide whether or not this is the best option for them. Where the property is mortgaged and freehold, the solicitor will communicate with the lender to obtain any necessary consents and deal with stamp duty, land tax and registration. If the property is leasehold, the solicitor will be able to liaise and handle the license arrangements with the landlord whose consent will be required Get it right Each dental professional will require bespoke advice that is tailored to their individual needs. The solicitor will also be able to advise on many oth- er aspects regarding the incor- poration of the practice. Due to the various legal issues inher- ent in the incorporation proc- ess, it is advisable to use the help of a solicitor experienced in dental matters right from the start. This will provide a firm legal foundation out of which the practice and its employees can grow. DT ‘Due to the various legal issues inherent in the incorporation process, it is advis- able to use the help of a solicitor expe- rienced in dental matters right from the start’ About the author Senior Partner Ray Goodman is a Member of the Association of Spe- cialist Providers for Dentists (ASPD), legal member of NASDA (National Association of Den- tal Accountants) and included on the BDA list of rec- ommended dental solicitors. He has a comprehensive understanding of the commercial and professional objectives of Dental Prac- tices, along with l the relevant legal re- quirements. In his spare time, Ray has ambitions to be the next Eric Clapton. For more information contact Ray Goodman on 0151 707 0090 or email rng@goodmanlegal.co.uk www.goodmanlegal.co.uk www.thedbg.co.uk For more information and a quote contact the DBG on 0845 00 66 112 Please Note: Errors and omissions excluded. Any prices quoted are subject to VAT. The DBG reserves the right to alter or withdraw any of their services at any time without prior notice. Are you waiting to find out when the Care Quality Commission* inspect your practice? Your compliance with Clinical Governance and Patient Outcomes will be questioned with the introduction of the Care Quality Commission*, HTM 01-05 and the increase in PCT practice inspections. Would you like to know how you would fare when your practice is inspected and have the opportunity to take corrective action? The DBG Clinical Governance Assessment is the all important experience of a practice audit visit rather than the reliance on a self audit which can lead to a false sense of compliance. The assessment is designed to give you reassurance that you have fulfilled your obligations and highlight any potential problems. We will provide help and advice on the latest guidance throughout the visit. • Your premises including access, facilities, security, fire precautions, third parties and business continuity plans. • Information governance including Freedom of Information Act, manual and computerised records, Data Protection and security. • Training, documentation and certificates. • Radiography including IRR99 and IR(ME)R2000 compliance. • Cross infection and decontamination including HTM 01-05 compliance and surgery audits. • Medical emergencies including resuscitation, drugs, equipments and protocols. • Training, documentation and certificates. • Waste disposal and documentation and storage. • Practice policies and written procedures. • Clinical audit and patient outcomes including quality measures. The assessment will take approximately four hours of your Practice Manager’s time depending on the number of surgeries and we will require access to all areas of your practice. A report will be despatched to you confirming the results of our assessment. If you have an inspection imminent then we suggest that you arrange your DBG assessment at least one month before the inspection to allow you time to carry out any recommendations if required. Following the assessment you may wish to have access to the DBG Clinical Governance Package with on-line compliance manuals. The areas the DBG assesses are: Clinical Governance including Patient Quality Measures - Is your practice compliant? Have you addressed all 28 CQC outcomes? ? *England only. 20YEARSYEARS 20 9361 DBG ClinicalGov The probe 338x244.qxd:Layout 1 1/7/10 13:39 Page 1