The Shareholder Relationship
In Brief The Company Constitution provides a basic framework for the structure and management of a company. It provides a standard set of rules for a company with very simple governance requirements.
Read MoreJoint Ventures
In Brief Joint Ventures are agreements between 2 or more businesses to come together to carry out an undertaking and share in the profits from it. When businesses combine their resources, knowledge or skills and work together they can gain benefits
Read MoreInsolvency – Recognising It
In Brief A company is insolvent if it is unable to pay its debts as and when they fall due, having regard to current and expected cash flow assessed having regard to the nature of the business and the balance sheet of the company.
Read MoreInsolvency – Dealing with It
In Brief Insolvency is a serious issue, because company directors have a strict duty to prevent insolvent trading under section 588G of the Corporations Act.
Read MoreCompany Officers – Whats Involved
In Brief The officers of a company are responsible for setting strategy, ensuring compliance with laws, and monitoring management.
Read MoreCompany Officers – Decision Making and Compliance
In Brief The Business Judgement Rule provides a level of protection to officers to ensure that they are not penalised for taking reasonable business risks but does not absolve officers from the need for them to be financially literate and engaged and aware of what is going on in the business
Read MoreRetail and Business Tenancies – Special Rules
In Brief This legislation was put in place to provide certainty of terms of retail tenancy agreements and protection for tenants operating in retail settings. The legislation applies to all kinds of agreements that grant occupancy rights to a tenant where the premises is of a type caught by the legislation (not just leases).
Read MoreAgreements for Lease
In Brief Where the parties are not ready to enter into a lease for some reason (such as that the premises are under construction or the Landlord must carry out works to make the premises ready for occupation by the tenant), an Agreement for Lease may be desirable (or essential) to protect the interests of…
Read MoreCommercial Leases
In Brief In Australia, handling of “personal information” is regulated by the federal Privacy Act (1988)(Privacy Act). Note there is also various legislation specific to States and Territories, however generally speaking, if your business has a policy that reflects compliance with the Privacy Act
Read MoreLease Or Licence
In Brief Pay attention to the most appropriate form of tenure – is it a lease (exclusive possession by the occupier), or a licence (appropriate for shared spaces/pop ups in common areas/some short-term occupancies).
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