12 Must-Haves For A Scalable Business In 2026
Welcome to our December series: “12 Legal Must-Haves for a Scalable Business in 2026.”
This guide brings together the full set of insights we released across social media, now combined into one comprehensive blog you can revisit, share, and action as you prepare your business for growth.
Scaling, franchising, attracting investors or preparing for a future exit all require structure, clarity, and legal alignment. Over these twelve sections, we explore the foundational assets that help protect your business, strengthen its value, and support sustainable growth.
If you’d like to put these must-haves into action, head to the Resources section of our website for guides, templates, and checklists. Let’s begin!
1. A Clear, Compliant Business Structure
When you’re preparing to scale, your business structure becomes one of your most strategic decisions. Whether you operate as a sole trader, partnership, company or trust, the structure impacts:
Taxation
Liability
How decisions are made
How easily you can bring in investors—or exit later
Ask yourself:
Is our current structure built for the level of growth we want?
A well-chosen structure prevents future legal issues and supports long-term scalability.
2. Solid Shareholder or Partnership Agreements
If two or more people own the business, clarity is essential. A shareholder or partnership agreement outlines rights, responsibilities and processes—especially during difficult moments.
Key considerations include:
Who has voting rights
How new owners are introduced
How disputes, exits or unexpected life events are handled
Putting this in place early ensures the business can grow without tension or confusion.
For more detail, see our article on this topic.
3. IP Protection: Trade Marks, Copyright and Brand Assets
Your brand and creations are business assets—and their value grows as you scale. Without proper protection, you risk copying, disputes or loss of exclusivity.
Reflect on:
What brand elements need trade mark registration
How copyright is governed in your contracts
Whether your brand assets are documented and safely stored
Treat your IP as an asset from the beginning so that you can scale confidently and monetise your brand in the future.
4. Cybersecurity
Growth often means increased digital systems—and increased digital risk. A cyber-attack can cost time, money and trust.
Consider:
Whether your supplier, employee and contractor agreements address cybersecurity
Whether you have a response plan for breaches
Who is responsible for data loss or system failures
Aligning your systems, contracts and policies creates safer pathways for growth.
5. Privacy Policies
A strong privacy policy does more than meet compliance requirements—it builds trust. As your business grows and collects more data, scrutiny increases.
Review:
What personal data you collect and why
How you store, share and delete data
Whether your policy reflects actual business practices
Whether it’s reviewed regularly
Scaling = more data. More data = more responsibility.
6. Employment and Shareholder Agreements That Scale
Growth means new roles, new people, and possibly new owners. Your agreements must accommodate change—not restrict it.
Think about:
Performance, responsibilities and exit processes
How your structure adapts when you add directors, investors or new teams
Whether rights and obligations support scalability
Strong agreements equal smoother growth.
7. Confidentiality and NDAs
As your business collaborates, consults and pitches ideas, protecting confidential information becomes essential.
Ask:
When should an NDA be used?
How is sensitive information handled when someone leaves?
Are your confidentiality clauses clear and enforceable?
Protecting the “unseen value” of your business ensures it remains intact during scale or exit.
8. Licensing vs Franchising
If you plan to grow by allowing others to use your brand or system, choosing between licensing and franchising is crucial. While both offer expansion, each comes with different legal and operational requirements.
Consider:
Who owns the brand and operational system
How much control you want to maintain
The regulatory obligations of each model
How brand quality and consistency will be protected
Your choice shapes the trajectory—and sustainability—of your growth.
9. Website Terms
Your website is a contractual gateway. Clear terms protect you, your content, and your users.
Review:
What users agree to when visiting your site
Whether disclaimers reflect your actual services
Whether privacy and cookie settings match your practices
Whether your terms align with the jurisdictions you operate in
As your audience expands, your website terms must evolve too.
10. Risk Minimisation Through Insurance and Indemnities
Growth brings increased exposure to operational, financial and legal risk. Insurance is only one piece—your contracts must also allocate risk clearly.
Check:
Whether contracts appropriately shift risk away from your business
Whether your indemnities and liability limits reflect real exposure
Whether insurance coverage aligns with your current and future operations
Scaling is safer when you understand—and manage—the risks.
11. Exit Planning
Exit planning isn’t something you do at the end—it’s something you build from the beginning. Whether you want to sell, merge or hand over your business, a strategic plan protects your investment.
Ask yourself:
What exit scenario are we working toward?
Does our structure and governance support that scenario?
Are we building value—clean records, strong systems, clear rights—today?
A well-prepared business commands higher value and transitions more smoothly.
12. Building a Business That Attracts Buyers or Investors
Once structure, systems, protections and planning are in place, you’re not just ready to scale—you’re ready to impress.
Buyers and investors look for:
Clarity, governance and strong internal systems
Protected IP and strong contracts
Data discipline and regulatory compliance
A coherent plan for future growth and exit
A scalable business is good.
A scalable, investable, acquisition-ready business is better.
Scaling successfully is a legal, structural and strategic process, not a leap of faith. When you invest early in clarity, protection and governance, you create a business that can grow confidently and attract the right opportunities.
If you'd like support with any of the must-haves above, explore our guides, templates and resources or reach out for tailored advice.
Please note that this is a general and brief update; it does not purport to be comprehensive legal advice of all information and/or relevant to your circumstances. Consequently, specific legal advice for each of your circumstances should be obtained first before taking or not taking any action with respect to this area.