Author: Glenn Ferguson

14 February 2013

Foreign Companies operating in Australia

I have recently had an enquiry from an international company in relation to its options with respect to establishing itself in Australia. Essentially, a foreign company wishing to establish itself in Australia has three options: Establish a representative office; Register itself as a foreign company carrying on business in Australia; Incorporate a new company. Establishing a […]

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21 December 2012

I’m a shareholder in a business – does my vote count?

I am often asked to review shareholders agreements between existing shareholders and shareholders wishing to purchase a business. A question often asked is what voting rights they have. The shareholder entering the business may reach a handshake agreement with the other shareholders to have a say in the general running and strategic direction of the […]

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14 November 2012

Legal Business Health Check

I recently spoke at the AICD regional conference about surviving in business. To assist attendees I created a 20 point legal business health check so that people can conduct a quick review of their business. How do you score on the Legal Business Health Check? Is your business owned in your own name, or in […]

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30 October 2012

What is trademarking and why trade mark?

Clients often make the mistake of thinking their registered Business Name or Company Name gives them the exclusive right to use that name in the marketplace. The truth is that whilst your registered Business Name or Company Name will protect your interests in that name to an extent, a registered trade mark will offer a […]

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23 October 2012

Is Your Business Above The Benchmark?

Business Benchmarking Many small business owners may not be aware of a tool used by the Australian Taxation Office (ATO) known as benchmarking. Benchmarking involves developing financial ratios from historical tax return information. The ratios can be used by businesses and the ATO to compare a business’ performance to the rest of their industry. If […]

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28 June 2012

Protect your smart idea

In difficult financial climates, the businesses that flourish are those that are not afraid to diversify the products or services that they offer to their clients or customers. Whether it is offering a new product to target a lower income segment of the market, or a Smartphone App to allow clients to access services remotely, […]

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17 May 2012

Business Legislation Update 2012

I recently was invited to the Sunshine Coast Business Expo as a speaker across the two days of this yearly event. One of the presentations I gave was a Business Legislation Update for the year ahead in 2012. I have uploaded a Power Point presentation for you to read through which contains these topics including: […]

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5 April 2012

Shareholder and Partnership Agreements

I was recently asked to give advice to the client in relation to a partnership agreements that they had signed in their business. The agreement had been purchased online and my client had basically “filled in the blanks”. My client is now a 50% owner in the business but because of the terms of the […]

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2 April 2012

Trade Agreements

I often have clients contact me seeking advice in relation to a dispute that they are having with parties that they trade with in their business, such as suppliers and customers. The first question I ask is what the terms of their trade agreement are, and often I am told that there is nothing in […]

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11 January 2012

Restraint Of Trade Clauses

I was recently asked by a client to obtain a Barrister’s opinion in relating to specific restraint of trade clause in a commercial agreement that he had signed. I often get asked by clients about the enforceability of restraint of trade clauses and whether or not they are void. Is a Restraint of Trade Void? […]

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