1. Succession Planning
2. Terms & Conditions
3. Shareholders & Unitholders Agreements
4. Trust Deed Review
5. Asset Protection
6. Structuring Advice
7. Licensing Agreements
8. Commercial Agreements
If you have not recovered debt after reminders, negotiations and the like then the next step is to engage lawyers to issue a formal letter of demand. If this is ignored, then you may commence debt recovery proceedings at Court. In bringing your claim you will need to establish the agreement, its terms, delivery of the service or goods and then outline failure to pay for those services or goods. Once filed with the Court, the debtor generally has 21 days after being served with the Complaint/Statement of Claim to bring a defence. If they fail to do so then you are able to apply for default judgment and take steps to enforce the Court order for the debt.
The four most common structures are being a sole trader, being in a partnership, establishing a company, and operating to the benefit of a trust. Each structure varies based on tax liability, asset protection, and establishment and maintenance costs. Considered advice that factors in your plans for the future and potential liability exposure is vital to ensure that the structure chosen by you best meets your needs.
A sale of business contract should be properly prepared and considered when selling your business. Parties need to be correctly identified, precisely which aspects of the business (whether assets, licenses, records and data bases) are being sold need to be identified and further you are at law required to make proper disclosure to a purchaser otherwise the purchaser may rescind the contract. Finally, if you operate from a leased premises, your landlord will need to consent to transferring or assigning the lease to the purchaser. Sales of business can be immensely complex, a lawyer will ensure that the process is completed smoothly and ensure that you are compliant with your obligations each step of the way. Â
If you have not recovered debt after reminders, negotiations and the like then the next step is to engage lawyers to issue a formal letter of demand. If this is ignored, then you may commence debt recovery proceedings at Court. In bringing your claim you will need to establish the agreement, its terms, delivery of the service or goods and then outline failure to pay for those services or goods. Once filed with the Court, the debtor generally has 21 days after being served with the Complaint/Statement of Claim to bring a defence. If they fail to do so then you are able to apply for default judgment and take steps to enforce the Court order for the debt.
It ultimately depends on what has occurred and the terms of any agreement between you. Where there is an appropriate document in place in relation to your business then often these documents will enable you to take steps to remove the person from your business and obtain remedy for any damage caused. Unfortunately, situations like this often necessitate extreme urgent action and litigation.
Director liability may continue long after the deregistration of a company. In certain circumstances directors are held liable for the debts of a company. Careful asset protection strategies must be considered when establishing your corporate structure. The best advice possible is to ensure legislative compliance, not sign any guarantees personally and ensure that assets are not held in your personal name. Each matter and each business is different; your asset protection strategies need to be tailored towards your personal and professional circumstances.
There are a number of legislative requirements that landlords need to comply with when leasing a commercial premises. A lawyer will review the lease, address any aspects that are not compliant, and furthermore may negotiate additional beneficial provisions on your behalf.
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