•Business Law including Leases and Transfers•
The term ‘Business Law’ covers a wide variety of areas including:
- The sale or purchase of business,
- Advice on the purchase of business premises,
- Leasing of business premises,
- Registration of a business name,
- Corporations Law associated with businesses operating by company
It also extends to areas such as the Trade Practices Act, Sale of Goods, Franchise Law and Intellectual Property to name just a few.
Firstly, we organize a meeting with you to listen to your business issue, collect details for your file and clarify the procedure involved. We then organize a Service and Cost Agreement which outlines costs, procedures and our commitment to you in the way of ‘expert advice and great service’ as well as your authority for us to act on your behalf.
The Law Society has a form for the Contract of a sale and purchase of a business and it is strongly recommend that legal advice be obtained with respect to this important transaction.
We will require details of the nature of the business and the sale price including the amounts for goodwill, plant, fittings and equipment.
A copy of any Lease of the business premises should be viewed or advice should be obtained if a new lease of the business premises is required.
Instructions are obtained as to the full name of the vendor and purchaser and, if a company, full details of the Directors. If a registered business name is being used, full details of the registered name is required.
Details to be considered include any franchise, statutory licenses and permits required to operate the business, stock in trade, work in progress, book debts, intellectual property, registered business names, registered company names, communication details including telephone numbers, fax numbers and email and web page addresses.
Also, details will be required of whether there is any leased equipment, Bills of Sale, delivery or service vehicles included, departing employee entitlements and superannuation and many other issues depending on the nature of the business.
We strongly recommend that you obtain advice from a tax accountant with regard to any liability for Goods and Services Tax or Capital Gains Tax or any other tax issues which may attach to the business or the company that may run the business, as we provide legal as distinct from financial advice. It is preferable to work in association with your accountant to provide all the details that you require.
We are also able to assist in all aspects of the acquisition of commercial premises and the leasing of commercial premises for the operation of a business together with any other agreements or licenses which may be relevant.
In matters where the full scope of the work you ask us to attend to is not known at the outset, we will charge on an hourly basis. We have chosen a minimum three-minute unit of time as a commercially practical unit, given that serving you properly involves us making notes of even short activities, filing and recording details.
- Time spent by the Principal of the firm for work requiring the skill of a solicitor at a rate of $240.00 per hour.
- Time spent by an employed solicitor for work requiring the skill of a solicitor at a rate of $180.00 per hour.
- Time spent by legal assistants for work not requiring the skill of a solicitor at the rate of $120.00 or $80.00 per hour depending on the skill required.
- Photocopies at the rate of $1.00 per page.
- Facsimiles at the rate of $1.00 per page.
If you would like us to assist you, or you require further information,
call us on 4969 1800 to make an appointment.