Shareholder Holder Agreements & Shareholder Disputes: The Basics.

A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading

Voluntary Administration process: What to expect – a guide for the uninitiated.

Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond.  Insolvency, in a nutshell, is continue reading

Identifying and Countering Misleading Information in a Telemarketing Deal

Telemarketing is an evolving industry. It has undergone tremendous changes over the years, necessitating adjustments with regards to policies and technological approach of the business. Among notable changes taking place around the globe is a more stringent approach to law enforcement. In Australia, the Australian Communication and Media Authority (ACMA) and the Australian Competition and continue reading

Goods and Services – Terms of Trade

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers.  These terms form the basis for the trading relationships for all businesses.  If a business is the supplier of goods or services then it should have written continue reading

Interview: Red Energy Promotions

Troy Maxwell, the managing director of Red Energy promotions recently shared his experience in building a national franchise from the ground up. In 2004  the internet was really starting to impact upon a business’s ability to reach their target clients through mainstream media. With the mass exodus to online promotions, Red Energy Promotions recognised that the continue reading

Shareholder Disputes – A Case Study

Article originally posted on LinkedIn. Disputes among company shareholders are not just common, they should be seen as almost inevitable. This is not to take a negative view of human nature but merely to state the facts. Management and strategy questions can be difficult. People often disagree on fundamental business choices. Work and personal life continue reading

How do you determine if a company is insolvent?

Insolvent Company Director Debts Insolvency Business Involuntary Liquidation Administration

The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading

Personal Liability for Company Directors

Insolvent Trading Phoenix Activity Company Director Duties

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Directors’ Responsibilities – what are they?

directors responsibilities director duties company director orgainsation shareholder governance

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Corporate Governance – what is it?

corporate governance shareholders business leader partnerships company ASX listed director duties

In recent times the term corporate governance, and the increasingly popular good corporate governance, appear to be regular topics of discussion both in the media and the general population. These terms are regularly used when considering the actions of a wide range of companies from very small local companies through to global organisations such as continue reading

Options for your insolvent company

liquidation receivership Company insolvency insolvent business directors shareholders

If your company is in financial difficulty and heading towards insolvency, there are options available which allow a company to be guided through its financial distress. The best option for your company depends on the solvency of the company and the broad range of director duties and obligations. In this article, we examine the three continue reading

Intellectual Property for businesses

Intellectual Property Patents Copyright Business Lawyers Trade Secrets Designs

Intellectual property (IP) is the property of your mind or proprietary knowledge and can be an invention, a trade mark, a design or the practical application of your idea. It is important that you understand how to protect IP as it is a valuable business asset and it will usually be easier and cheaper taking continue reading

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