Hewi Ma is a Legal Director at Brabners and acts for a range of clients including independent dentists, corporate dental groups and dental care professionals

Following the issue of the “new” NHS contracts in 2006, there was a surge in dental practice sales and acquisitions which prompted Hewi to develop her specialism.  Hewi has continued to...

Hewi Ma is a Legal Director at Brabners and acts for a range of clients including independent dentists, corporate dental groups and dental care professionals

Following the issue of the “new” NHS contracts in 2006, there was a surge in dental practice sales and acquisitions which prompted Hewi to develop her specialism.  Hewi has continued to build on her expertise becoming one of the first legal advisors to assist with dental practices registering with the CQC when this became compulsory in 2011.

Hewi has a keen interest in helping dentists protect their goodwill with sound future planning and enabling dentists to access their NHS Pension through 24 Hour Retirement.

Brabners would welcome a discussion with you on your current and future legal requirements. We go the extra mile to deliver the right outcomes for our clients. We understand what matters and our expertise and experience mean that we can help people and businesses at every stage of their journey.

Contact Hewi here

More
JUL
20
0

How to buy a dental practice in six key steps — advice from specialist dental lawyers

 

Buying dental practice edited

Looking to buy a dental practice? Here, corporate law and dental specialists Eugene Pena and Kirsty McKenzie-Hopkins explore the six key steps in the purchase process, answering the most common questions from budding buyers.

 

1. Find the right legal team

In our experience, no transaction is ever the same. Once you have found the right practice and are in a position to start the buying process, your first step should be to find the right lawyers to represent you and guide you through the process. You can instruct lawyers even before you’ve made an offer.

You should consider working with lawyers that specialise in the dental sector — in particular, those with significant experience in buying and selling dental practices.

Most sellers are keen on a speedy transaction, so having the right team in place will put you in the best possible position.

 

2. Consider funding

Next, you’ll need to know how the purchase is going to be funded. Most lenders will require you to have a deposit, so having this ready and being able to show how this amount has accumulated will save you time further down the line.

The more information you have available at the outset, the better. Knowing what type of security the bank will take will also help your lawyers to determine what additional work (if any) will be required.

 

3. Terminate your contract

Buying a practice can be a lengthy process. Most first-time buyers are also associates working elsewhere and are required to give notice to terminate their contract.

Timing when to hand your notice in is key. While this decision is ultimately yours, having expert lawyers who are aware of the process and the intricacies involved in dental transactions, as well as the potential issues that may arise, can help to ensure that you aren’t left without work. They can provide guidance and help to reduce the risk of you being left without a source of income.

 

4. Recruit your team

You may be eager to make your mark as soon as you get the keys to the practice, but recruitment is a big issue in most sectors and dentistry is no exception.

You may be acquiring a well-established practice with members of staff that have worked there for many years. While there are regulations that protect employees’ rights, it’s possible to implement certain changes (known as measures) — but you’ll need to consider how any changes (whether big or small) would affect the workforce.

It’s usually a good idea to maintain the status quo (provided that it’s working) until you’ve embedded yourself with the team.

 

5. Register with the CQC

Be prepared to go through a CQC (Care Quality Commission) registration process. This may differ depending on the type of practice you’re looking to acquire.

First time buyers may be asked to attend a fit person interview with a CQC assessor, so preparation is key. Again, having lawyers who are familiar with the CQC process is crucial to enable a smooth purchase. Your solicitor may even be able to make the application for you.

 

6. Manage time effectively

Finally, a simple but critical piece of advice — don’t leave things until the last minute. Set time aside to deal with matters related to your purchase — sometimes, the last thing you want is to read an email from your lawyer or action any documents, but always try to keep your end goal in mind. Make sure that you know what you’re signing up to and allow time to negotiate any points that you’re not fully comfortable with.

If, for example, you have agreed that the seller will be remaining as an associate, try to finalise the agreement in advance of the exchange of contracts. Even if you have agreed headline terms with the seller, circumstances may have since changed — so you don’t want to be renegotiating terms late in the transaction.

 

How we can help

Buying a dental practice may well be one of the biggest decisions you ever make. Avoiding common pitfalls by having an expert legal team with specialist dental experience makes a huge difference. You need a team that can calmly guide you through each step of the process.

We are proud to provide market-leading legal solutions to dental practices across the UK. Our dental team contains true specialists who understand the unique pressures you face.

We play an active role in the market for dental practice sales and purchases, working alongside third-party brokers to ensure smooth transactions. Advice is provided across multiple specialist practice areas, including practice sales and acquisitions, property acquisition or leasing, property disputes, regulatory (including a CQC application service), fitness to practise, litigation, international recruitment, employment and litigation.

Talk to us by calling 0151 600 3000 or complete our contact form and have a member of our team get in touch.

  2780 Hits
2780 Hits
JUL
06
0

Do I need a specialist dental lawyer when buying or selling a practice?

Specialist-lawyers_edited

We’re in the middle of a cost-of-living crisis and dentists are not exempt. When buying or selling a dental practice — likely one of the most important decisions in your life — cashflow is key. So should you spend money instructing a specialist dental lawyer or go with a generalist ‘high street’ option?

In our latest Q&A with leading law firm Brabners, corporate law and dental specialists Eugene Pena and Kirsty McKenzie-Hopkins weigh up the pros and cons.

Niche area of law

On average, dental sales and purchases take around six months to complete. However, this can be extended by a range of external factors, so a deep level of understanding and forward planning is key.

Law, like dentistry, has its specialist areas. The rules and regulations affecting the dental industry can be subject to change at both national and local levels. Instructing a specialist dental lawyer ensures that the advice you’re receiving is in-line with the most up to date law.

Dealing with complexities

There are also many dental-specific complexities during the buying or selling process that only those with years of sector expertise will know how to navigate. These include the transfer of NHS contracts from sellers to buyers, ensuring that the correct CQC (Care Quality Commission) applications are carried out, the transfer of capitation schemes and conducting due diligence.

For buyers, entering into an agreement without asking the right questions could be a costly mistake. It’s critical to take due care in reviewing all documents thoroughly. Any terms that are out of the ordinary in a standard general dental services (GDS) contract will be picked up by specialist dental lawyers, who review these regularly.

For sellers, the need to respond to specific questions about the NHS, CQC and capitation schemes is very common.

Providing tailored advice

A specialist dental lawyer will ask the right questions — tailored to your specific circumstances — and will ensure effective collaborative between you and your legal team. This is essential for smooth transactions. If issues arise, you need a legal team that can draw on its experience to get all parties back on track.

High street lawyers with little or no experience in dental practice sales and purchases may take longer to understand the process and suggest an appropriate strategy. This could cause huge delays, spiralling costs and ultimately jeopardise transactions.

Before you instruct a lawyer, think carefully about the level of support and experience you need.

How we can help

We are proud to provide market-leading legal solutions to dental practices across the UK. Our dental team contains true specialists who understand the unique pressures you face.

We play an active role in the market for dental practice sales and purchases, working alongside third-party brokers to ensure smooth transactions. Advice is provided across multiple specialist practice areas, including practice sales and acquisitions, property acquisition or leasing, property disputes, regulatory (including a CQC application service), fitness to practise, litigation, international recruitment, employment and litigation.

Talk to us by calling 0151 600 3000 or complete our contact form and have a member of our team get in touch.

  2007 Hits
2007 Hits
JUN
17
0

Emergency Oxygen and that supplier - Q&A blog by Brabners

Emergency Oxygen and that supplier - Q&A blog by Brabners

Following the news of an urgent recall of emergency oxygen cylinders from one supplier, Hewi Ma of Brabners LLP writes a Q&A blog on the topic, especially aimed at a buyer or seller, in the present timeframe.

Continue reading
  1784 Hits
1784 Hits
MAY
15
0

Overseas Recruitment in Dentistry - Legal Q & A's In the Dental Business - Part Three

Legal Q & A's In the Dental Business - Part Three

 

In the third of her series of articles for GDPUK, Hewi Ma of Brabners Solicitors discusses employing overseas workers.

Continue reading
  2329 Hits
2329 Hits
MAR
24
0

Legal Q & A's In the Dental Business - Part Two

Hewi Ma of Brabner Solicitors

In the second of her series of articles for GDPUK, Hewi Ma of Brabners Solicitors discusses common legal pitfalls in the business of Dentistry.

Continue reading
  6217 Hits
6217 Hits
FEB
27
0

Legal Q & A's In the Dental Business

Hewi Ma of Brabner Solicitors

In the first of her new series of articles for GDPUK, Hewi Ma of Brabners Solicitors discusses common legal pitfalls in the business of Dentistry.

Continue reading
  2033 Hits
2033 Hits

Please do not re-register if you have forgotten your details,
follow the links above to recover your password &/or username.
If you cannot access your email account, please contact us.

Mastodon Mastodon