LEGAL GUIDANCE

Setting up a business in The Gambia: before you sign a lease or hire staff

Identify the commitments that will start costing money before the business can trade, and make their timing part of your legal planning.

What should be settled before making commitments?

Start with the business activity, the proposed owner and the date you hope to open. A founder may negotiate a lease, order equipment and recruit staff before the intended company exists. The documents should make clear who is taking each obligation and whether a later company is expected to take it over.

Do not assume that putting a future company name on an agreement resolves personal responsibility. Have the proposed signing arrangements reviewed before paying a deposit or accepting an obligation. Use the business launch checklist to place these commitments in the wider plan.

How can premises and operating permissions be coordinated?

Describe the intended use of the premises in practical terms: retail, storage, food preparation, professional services or another activity. Ask what permissions, landlord consents and physical works must be checked for that use.

  • Record when rent starts and whether fit-out time is allowed.
  • Identify responsibility for alterations, utilities, repairs and reinstatement.
  • Check what happens if a necessary permission or funding arrangement is delayed.
  • Clarify whether deposits and advance payments can be recovered, and on what terms.

A signed lease is a commercial commitment. It is not confirmation that the planned activity can lawfully begin.

What should be ready before the first employee starts?

Define the employer, role, place of work, pay arrangements and proposed start date. Identify who will handle employment documentation, payroll and any immigration questions. Where an overseas worker is involved, review work permission and employer requirements before fixing the assignment.

Keep written offers consistent with the business timetable. Separate a proposed appointment from a promise that registration, premises and permissions will all be ready by a particular date.

Build a commitment register

For every proposed agreement, record the counterparty, amount at risk, payment date, cancellation terms and the decision still outstanding. Send the actual draft and any incorporated terms for review. This gives the adviser a way to prioritise the lease or order that must be decided first, rather than treating every launch task as equally urgent.

Related guidance

Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.

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Discuss your first business commitments

Tell us the business activity, proposed opening date and whether a lease, staff offer, supplier order or deposit is already agreed.

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