Business & Commercial Lawyers
Our business lawyers have a wealth of local knowledge to be able to provide legal advice enabling successful business planning, operation, and succession.
We understand that being in business can be risky. It is our goal to protect the personal, family and commercial interests of business professionals and provide you with a comprehensive service that ensures compliance with legislation and protection of your personal assets.
Having the right business legal team support you through your business transactions and operations can prevent serious legal problems from arising. Our services can help proprietors and directors through all stages of business, from start-up and expansion through to merger and disposal.
We are committed to helping Australian businesses protect their valuable assets and avoid commercial risk. In handling any matter, our goal is to always achieve the best result possible in the most cost-effective way.
Our speciality business and commercial services include:
Buying & Selling Businesses
Retail & Commercial Leasing
Business Succession Planning
Franchising
We also represent clients for:
Selling and buying management rights can be complicated and negotiations with a body corporate committee can be stressful. From a body corporate committee perspective, considering whether a new buyer will be a suitable manager for the complex is also a difficult task. Besides the negotiations between the relevant parties, several documents are required to finalise a deal. Attwood Marshall Lawyers are able to assist any party who requires advice and support when dealing with management rights.
Where two or more people are involved with the same business it is strongly recommended an agreement be in place between the parties. The agreement not only should deal with the day to day running of the business, but also cover how to resolve disputes and an agreed process if one party wants to leave the business. These documents are tailor-made for every specific business and are extremely important to provide security for all partners in the business.
It is important for any person who enters into a business or commercial transaction to be aware of legislative and/or Council requirements applicable to the transaction. In addition, there are usually documents involved whether agreements between the parties or with third parties, which requires careful consideration. The cost implications of entering into such transactions must be considered and appropriate legal advice should be obtained.
The entity in which a business is being conducted is important in that different tax obligations and asset protection rules and regulations apply to different entities. Attwood Marshall Lawyers are qualified commercial lawyers who are able to provide appropriate advice on the different entities available, and how to use an effective but uncomplicated structure for your business.
Trusts are commonly used to conduct a business and it is important to know the differences between a family trust, a unit trust and a hybrid trust. Different trusts can be used for different businesses and the appropriate trust should be set up to provide the best tax relief and asset protection for the parties involved. Companies are usually registered to act as trustees for the trust.
The selling and buying of medical, dental, or veterinary businesses are different from the buying and selling of normal business, as different legislation and rules apply. Special conditions are important to ensure the goodwill in such a business is maintained after settlement. Careful consideration should also be given to agreements between the parties applicable after settlement.
We can assist clients when they enter into private Loan Agreements with other family members or any other third party. We ensure the Loan Agreement is drafted on a commercial basis and that adequate security is provided for the Loan Agreement.
The Personal Property Security Act provides the opportunity to register an Interest on personal property for the security of loans, outstanding amounts due and owing and any personal property items bought on a payment plan. Registration of this Interest puts our clients first in line if there are any liquidation or insolvency occurring.
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For expert business and commercial law advice, contact our friendly team today.
