Blog News

18 February 2013

Shareholders Agreements

A Shareholders Agreement (SA) is something that I strongly encourage all my clients who operate a business (either as a partnership or company) to have. When I first see a client about starting a new business, they are often full of enthusiasm and great intentions however, have not given much thought about what could go […]

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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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8 February 2013

Can we have a “stand down without pay” clause in our employment contract?

This was a question posed to me recently by a client who employs staff on a casual basis. My client risks a number of good staff leaving him, if he cannot offer them permanent employment. However, the problem is that my client’s business goes through various periods of quiet. He wanted to know if he […]

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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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26 November 2012

Why every business owner should have a Business Will

A Business Will, or a Buy-Sell Agreement, is something that I strongly encourage all my clients who are business owners to have. A properly drafted Business Will, will allow for the smooth transition of a business partner unexpectedly departing the business (for various reasons such as total and permanent disability or death of an owner) […]

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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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12 November 2012

How to properly call a General Meeting in your private company

I have recently been asked by clients about the proper procedure to follow when calling a General Meeting (GM) of a private company. A private company is required to hold a general meeting of the shareholders, or members, in a number of circumstances. When a company is required to call a general meeting will principally […]

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1 November 2012

Selling a Franchised Business

Selling your franchised business can be a complex and stressful exercise. The transaction tends to be more complex than the sale of a non-franchised business sale due to the third-party influence of the Franchisor, who under most franchise agreements will have the final say in whether or not your sale can proceed. In some circumstances, […]

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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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