Archive for the 'Corporate Structuring' Category

18 May 2015

What are the duties of a director of a company in Australia?

The laws in relation to the duties of directors in Australia are contained in the Corporations Act 2001 (Cth) (“the Act”). The laws in relation to the duties of directors are designed, amongst other things, to promote good governance and limit possible conflicts of interest between directors and their companies, thereby seeking to prevent directors […]

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22 October 2014

Why setup a company?

If you are looking to start a new business one of your first steps should be to determine the most appropriate trading structure through which to operate the business. The most common trading structures in Australia are that of a sole trader, a partnership, a company or a trust, or a combination of these. Each […]

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14 March 2014

Business Law Update for 2014

There is no doubt that 2013 was a huge year of change in respect of the laws applying to small and large businesses. This will continue throughout 2014. I recently presented the 2014 Business Legislation Update Seminar for the Australian Institute of Company Directors on the Sunshine Coast. Some of the key areas I addressed […]

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13 February 2014

What is a partnership?

I have recently been asked about partnerships generally, and what distinguishes them from other business structures. It is important to have a firm understanding of the advantages and disadvantages of a partnership, before entering into one, to run a business. What is a partnership? A partnership is essentially an agreement made between 2 to 20 […]

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23 December 2013

Partnership Dissolution

I often get approached by clients in dispute with their business partners. If you are in a partnership, and in a dispute with the other partner/s, it is important to know how the dispute will be managed. How is a partnership regulated? If there is a partnership agreement between the partners, this will be the […]

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15 July 2013

SMSF Trustee – company or individual?

A common question clients ask me when setting up their Self Managed Superannuation Fund (‘SMSF’) is whether they should individually act as the trustee of their SMSF, or appoint a company as the SMSF trustee. My advice to this question is always – appoint a company.  The advantages of having a corporate trustee of your […]

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3 July 2013

Are you changing your SMSF trustee to a company?

If you are thinking about removing yourself as an individual trustee of your Self-Managed Superannuation (‘SMSF’) and appointing a company as your trustee, the process can be very simple. However, it can also be quite costly if it is not done correctly. What do you need to do to change your SMSF trustee to a […]

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14 May 2013

Self Managed Superannuation funding for Business Wills

I recently read an article which highlighted the potential benefits for clients using their Self Managed Superannuation Fund (SMSF) to fund their buy/sell agreement (also commonly referred to as a Business Will). The concept is simple. Instead of each business owner effecting an insurance policy on their own life, for a Business Will the policies are owned by […]

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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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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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