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Commercial & Business - Gold Coast Solicitors

With a myriad of regulatory regimes and legislation inculcated in the corporate world, it is  vitally important that professional legal advice is obtained at the earliest instance.  Affinity Lawyers Commercial & Business Gold Coast Lawyers will ensure that all legalities are covered, and that all you have to do is focus on your business.

The friendly and professional legal team at Affinity Lawyers on the Northern Gold Coast are experienced in a vast array of legal services in this area, including, but not limited to:

 

  • Corporate structuring
  • Joint venture and partnership agreements
  • Risk management and insurance
  • Director's duties
  • TrustsCorporate governance
  • Acquisition and sale of business
  • Statutory and regulatory compliance

 


The Sale and Purchase of Business
 

Buying

Are you buying a business? 

 If you are looking at purchasing a business or are in the process of buying a business there are a few things you should consider:

are there any specific terms that you wish to include in the Contract/offer, or are there terms already in the Contract/Offer which you need clarification on before signing;

 

  • what is the most appropriate entity in which to purchase the business for asset protection and tax minimisation?
  • whether there needs to be a clause inserted to restrain the seller or other key staff from competing against you in the future;
  • Whether there are any encumbrances over the assets of the business or the business itself which you should be aware of;
  • the range of special conditions which can be incorporated into the contract to deal with a variety of matters.

 

If there is a lease attached (which is usually the case), Affinity Lawyers is able to liaise with the seller and the landlord to ensure that the lease to the premises is correctly assigned to you, or we can discuss options for an offer of a put and call option to purchase the freehold.

The property and franchising team at Affinity Lawyers is experienced in this area of law, and is able to assist you from the beginning right up to the end of the transaction for your business purchase.

Selling

Are you selling a business?

Likewise, if you are selling your business or are in the process of selling your business there are also many things to consider to ensure that the transaction is as smooth and hassle-free.

Obtaining professional legal advice in relation to the sale is crucial to maxmimise the prospects of a worry free transaction, and you should consider obtaining legal advice in relation to:

 

  • any special conditions that you may want to have drafted to be included in the Contract of Sale;
  • explanation of any representations or warranties you have made or which may be implied in the contract;
  • whether the vendor is providing vendor financing and what security is to be taken in order to secure the sale;
  • whether any restraints of trade are stipulated or proposed in the contract, and whether they are reasonable (and what they may mean for you in the future);
  • whether there are any capital gains tax consequences of the sale (this is usually discussed in conjunction with your accountant).

 

The Affinity Lawyers property team has a deep understanding of, and extensive expertise in drafting, negotiating and the completion of complex share sale agreements, which are often conducted for tax planning reasons and can be riskier than straightforward business sales so we are best placed to ensure that your transaction proceeds smoothly and promptly.

Our areas of expertise include, but are not limited to, the following:

  • business structuring for asset protection and tax minimisation
  • purchaser enquiries and due diligence
  • preparing and negotiating business sale agreements and share sale agreements
  • put and call options and joint venture agreements
  • lease reviews and assignments
  • acting for both franchisors and franchisees in the establishment of new franchises or transfers of existing ones

If you require further information on any of the above and our range of services, please contact our Gold Coast Legal Team on (07) 5563 8970 or email us on admin@affinitylawyers.com.au.

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