Archive for the 'Commercial Agreements' Category

7 June 2019

Shareholders Agreements – What are they?

One of the most important documents that a company should have is a shareholders agreement. It will outline in detail how the company should be operated and outlines all shareholders’ rights and obligations. Whilst the Corporations Act 2001 and a company constitution provide a range of safeguards, obligations and procedural matters relating to how shareholders […]

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30 September 2014

Providing a Personal Guarantee

If you operate your business through a company or a trust, you may be called upon from time to time to provide a personal guarantee. What is a Personal Guarantee? A personal guarantee is a commitment that if your business doesn’t do something (usually the payment of money) you will do that thing yourself. Personal […]

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21 November 2013

What is a contract?

Whilst this question appears on its face to be a very basic one, I am often presented with matters where a dispute has come about due to one or more of the parties failing to appreciate the circumstances in which a contractual relationship will arise. What Is Needed For An Agreement To Be Binding? In […]

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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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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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3 October 2012

What is Repudiation of a Contract?

I have had a number of clients recently approach me in relation to contractual disputes. Often we need to consider whether repudiation has taken place. Repudiation of a contract occurs where one party renounces his or her obligations under a contract. The principle revolves around the concept that parties should be ready, willing and able […]

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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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