Business and Commercial
Whether you are buying or a business or franchise, or simply wanting advice on the best possible structure for your business, our lawyers can assist you.
We pride ourselves on providing timely, hassle-free, and cost-effective advice. This is why so many clients have built long-term relationships with us.
We are strong advocates for our clients, but above all we treat our clients as individuals
Start Ups/ Business Purchase/ Sale
Review Mortgage documents
Legal Structures - Companies, Trusts, Joint Ventures, Partnerships
When starting a new venture or while purchasing an existing business, we strongly recommend for you to obtain legal assistance as it can be a risky venture.
We will conduct the due diligence procedures prior to exchange of contracts. We will also prepare all documents to assist you in transferring the business assets and arrange for the discharge of any finance secured by the business assets.
For purchasers, we assist with all your queries which applies to your business purchase, such as:
- Is there any government authority registrations required?
- What corporate structure should you take on?
- What are the lease terms and takeover of the existing lease?
- GST obligations under the Contract?
- Who are your financiers and do they require information relating to the business and lease?
- Will you receive the Goodwill of the business and the business name?
- What employment contracts are available and how do you retain the existing staff?
- Qualification to operate the business.
- Any complaints against the business or notices or orders issued by any government organisation?
As the seller, the overview below provides you with some of the important matters to be considered:-
- Whose permissions do you need, such as the Landlord, Franchise Owner or even a government body?
- What taxes do you pay when selling your business?
- Negotiation of terms and conditions such as trade restraint, retention of employees.
- When and what should you disclose about your business?
- Any ongoing obligations after the sale is completed.
- Which of your licences are transferable to the Purchaser?
- Discharge of any PPSR Register.
We will help you every step of the way until the business transaction is complete.
If you seek our assistance in the sale or purchase of a business you can rely on our accurate legal advice and commercial expertise.
When you borrow money from a bank or other lending institution, the lender will require someone to guarantee your repayment. This someone is usually called the "guarantor." The guarantor usually seeks independent legal advice about their rights and obligations, and what might happen if the borrower defaults on their payments.
A solicitor's certificate is a document from a lawyer that says the person guaranteeing the borrowed money fully understands the terms and conditions of the loan agreement and the security they are borrowing against.
If someone does not repay the money they borrowed on the loan and there is a default, the bank can sell the property which was used as security for the loan to recover the unpaid money and any other costs of the default (such as costs of taking possession and selling the property), sometimes they may have claims over your personal assets.
We recommend that you should also talk to your accountant or financial advisor to make sure that you are able to make repayments, you should also speak to your income protection insurance provider to safeguard your interest, in the event that you were made redundant or is unemployed.
Eve Legal have always offered to provide solicitor certificates to our clients at a reasonable fee. Please contact our team today for a quote on (03) 9000 5610.
Prior to commencing a business, you will need to decide on its structure as it will affect factors such as:-
- Who should make the decisions.
- Tax advantages and disadvantages- we recommend that you should also speak to a finance professional.
- How profit and losses are shared.
- Estate Planning measures for your structure.
- Costs involved for maintenance and set-up.
- If a co-owner wants to leave the business, what procedure should apply to that?
Our lawyers can advise you, and liaise with your finance professional, to give you the best legal risk management advice.