When setting up small businesses, many entrepreneurs and business owners immediately look to register new companies and complex company structures to facilitate the business. This desire stems from the understanding …
Appointing a Company Power of Attorney
It is of importance for all company directors to consider the value of appointing a ‘Company Power of Attorney’. A Company Power of Attorney is an integral legal document created …
Disclaimers and statements of belief
Foulsham & Geddes acted for the appellant vendors in Ireland v WG Riverview Pty Ltd [2019] NSWCA 307, who have had a stunning victory. This appeal, overturning a decision of …
Unit trusts as a way to structure employee incentive schemes
We have previously touched on the importance of shareholder agreements for small businesses. But should owners/founders always use shares and shareholder agreements to incentivize employees? While employee share schemes are …
IP basics for startups
It can be very difficult and costly to restructure a valuable enterprise once it leaves the startup phase, so it is important to have the right structure from the start. …
Compensation to business – compulsory acquisition of land – Westconnex
This article examines what compensation is available to business in cases of compulsory acquisition of land, such as Westconnex. In a previous article, we looked at the matters that are …
Buying a business – Sydney lawyers
Of all the investments one could make, buying a business has to have the most potential for risk. Strangely enough, it is probably one of the least scrutinised transactions we come …
Why small businesses need shareholder agreements
By Jacob Carswell-Doherty A shareholder agreement is one of the most important documents a company can have. As well as setting out how the company/business will be managed, it also deals …
What are director duties?
Who is a director? Person will generally be considered a director of a company if they formally accept such a position. However, if a person exercises sufficient influence over a …
What is a Buy Sell Agreement?
In situations where you have more than one owner of a business, it is prudent to have a process in place to manage the exit of an owner, or even …