Signing contract as an individual.

[northernladuk]

I am sure this isn't the case in the OP's situation but remember Contract and Client Policies are completely different things. You are obliged to sign the clients sercurity, H&S policies as yourself as you have to adhere to them and they have no bearing on IR35. Just saying like...

[PSK]

I've not read all the thread to understand whether the following might apply nor whether it has already been raised but, depending on the detail of the whole agreement and what you are being asked to personally sign, the issues might go beyond IR35. One of my agency draft agreements would have brought me personally into the potential liabilities and cut across the protection of a limited (liability) company.

Good luck.

[EricS]

... One of my agency draft agreements would have brought me personally into the potential liabilities and cut across the protection of a limited (liability) company...

Thats exactly what I'm afraid of. Also - the contract is meant for ltd, imagine signing something like that with your own name - as an individual - the legal effect can range from completely void to severe.

IR35 was not the reason I've brought this up - it's not my main concern.

[PSK]

Well done for being alive to the issue.

The following will pose risks and I wouldn't recommend it but if you need this piece of work and if the counterparty is unwilling to change what you are being asked to sign up to personally, you could ask them to (ask their lawyers to) confirm what their main concern is they are trying to address by having you sign personally (For example, it may be they don't want you to start a new company, go direct and say it is only your current company rather than you personally who is constained by any restraint of trade provision). You could then agree a different means to achieve this (sign something specific that addressed only that area of concern rather than a blanket personal acceptance). As a fallback if they won't do this and you really need the work, you could ask them for an explicit confirmation what you are signing won't bring you personally into the general liabilities. This is a risky approach but if they gave such a representation that you relied on, this might muddy the waters should a liability arise and they or the client considers progressing a claim against you personally. The legal review before deciding to progress the claim would confirm their position has become less clear cut.

Good luck.