Asking Retail Tenants to Leave No one likes a houseguest that doesn’t know when to leave, and neither does a landlord in a Retail Lease. The Lease: What it Does and Doesn’t Say Whether you are a landlord or a tenant trying to run your business from leased premises, it’s important to have a clear […]
The property and conveyancing sectors have substantially changed over the past few years. Not only has technology altered the way in which such transactions are conducted, these matters are now effectively instantaneous, with additional safeguards and further requirements necessary in order for parties to engage with such forums. In recent times, PEXA has brought about […]
Stamp duty can be a difficult concept to understand and is particularly challenging when parties are considering whether this is payable across NSW in relation to various commercial leases. It is important that thorough consideration is afforded to this area of law to ensure that no unwarranted penalties are incurred throughout or after the leasing […]
Management of companies is generally the responsibility of the directors. Shareholders have very limited options to intervene in the management decisions made by the directors. What happens if a shareholder wants access to company documents which the company won’t provide? Section 247A of the Corporations Act provides an opportunity for a shareholder to ask the […]
A recent decision of the New South Wales Court of Appeal has highlighted the need to consider carefully the words used in a contract for the sale of a business where the contract is referring to the continuation of the business by the vendor up to and including completion. In addition to other considerations, the […]
What do you do if you, or your company has been given a charge over your, or the company’s, assets and that charge has been registered on the Personal Property Securities Register, the loan has then been repaid but the lender either neglects or refuses to provide a release of that registration? In recent proceedings […]
Many business owners do not realise that when they supply goods or services to customers and provide a timeframe for payment of those goods or services (for example 30 days) – they are actually offering credit. Like any business offering credit it is important to secure your position as best you can and one excellent […]
Purchasing a car is one of the largest financial transactions a person will make in their lifetime. But there are significant risks associated with buying a vehicle, especially if you are purchasing a used car from a private seller. The main risk when buying privately is that the car may have finance owing on it. […]
What’s in a name? Quite a bit if it saves you tax when selling a business. In any matter in our lives, it is hard to deny that the potential to avoid paying tax is usually pretty desirable. GST on a business purchase For a person looking to purchase a business, the purchaser may avoid […]
Following changes to corporate laws which started in February 2021, new restrictions came into effect on resignation of sole directors and backdating director resignation forms. The changes are aimed at reducing the ability of directors to avoid liability for insolvent trading or other wrongful acts relating to their companies. The changes also seek to limit […]
