Commercial Law
Commercial Law is a broad and complex area. It requires not only sound legal knowledge but also experience in, and an understanding of, commercial transactions and commercial enterprises. A commercial lawyer is a business adviser first and foremost and therefore any advice they provide not only needs to be legally accurate, it needs to be commercially sound as well.
An experienced and skilled commercial lawyer in Macarthur should therefore add value to your business.
Marsdens is well equipped to provide that advice and assistance in relation to any commercial matter and has done so over a number of years to clients ranging from ‘mums and dads’ to large public and private companies, government and the finance industry.
In particular, Marsdens Commercial Law Partner's Justin Thornton and Rahul Lachman are both Law Society Accredited Business Law Specialists and together they lead a committed team of solicitors who practice exclusively in Commercial Law.
Our expertise includes assisting in the following areas of Commercial Law:
- Australian competition and consumer law advice.
- Commercial finance and securities.
- Construction contracts.
- Construction law.
- Corporate governance.
- Corporations law.
- Franchising.
- Intellectual property (including trademarks).
- Licensing.
- Local Government.
- Manufacturing and distribution.
- Mergers and joint ventures.
- Non-disclosure and confidentiality.
- Not-for-profits and charities.
- Purchase and sale of companies (shares).
- Purchase and sale of businesses.
- Restructures and asset protection.
- Tenders and procurement.
- Terms and conditions (website, business, privacy).
- Trusts and business structures.
Marsdens prides itself on providing accurate, practical and cost effective advice in these, and all other, areas of Commercial Law.
Contact the Commercial Law team today on (02) 4626 5077.
Team
FAQ
You do not need a solicitor to buy or sell a business, however, buying or selling a business is a major transaction in which you need to properly consider a range of legal issues. A solicitor experienced in business transactions will therefore be able to advise you with those issues in order to protect your interests and ensure that the transaction proceeds smoothly.
You do not need a written Agreement if you lend someone money, however, having a properly documented Loan Agreement will ensure that your agreement with the borrower is clear and is legally enforceable if the money is not repaid. You should also consider whether you obtain any security from the borrower for the loan amount to better secure the repayment of the money.
If you are the Director of a Company, the Corporations Act 2001 (Cth) does contain provisions that may result in you becoming personally liable for some or all of the debts of the Company. You should therefore consult with a solicitor to ensure that you are aware of the obligations imposed on you as a Director and also to discuss how you can protect yourself against potential liability.
The most common types of business structures in Australia are:
- sole trader;
- company;
- partnership and
- trusts
If you are thinking of starting a business, you will need to look at the advantages and disadvantages of each different business structure in order to determine which structure is more appropriate. In that regard, there is no “standard” structure and you need to ensure that the structure of your business best fits your particular situation.
For established businesses it is important to ensure that the business structure you have in place is the most effective structure and is still the most beneficial structure given growth and the market of the business. If a restructure is required, there are a large number of issues that need to be considered and adverse consequences that can flow if a restructure is not undertaken correctly.
Marsdens’ has extensive knowledge of business structures and can provide advice and assistance with business structures and restructures.
The Personal Property Securities Act (PPSA) governs most security interests in personal property. Under the PPSA, personal property generally includes all property (tangible and intangible) including goods or inventory, intellectual property, shares, debts and contractual rights.
Holders of a security interest in personal property must register that interest in the national online Personal Properties Securities Register to ensure that they have a priority claim to that property. Legal title is no longer enough, as this legislation has overturned fundamental personal property law concepts.
If your company proposes to enter into voluntary administration, you may need to enter into a Deed of Company Arrangement (DOCA) which is a binding arrangement between a company and its creditors governing how the company's affairs will be dealt with as a result of the company entering voluntary administration.
No. Appropriate business structure will depend on various factors including the nature of the business and client’s objectives (incl. tax). Different structures include sole proprietor, partnership, company, trusts, superannuation fund, combination of above, joint venture. Any advice on appropriate structure is also subject to obtaining financial advice from a qualified accountant/financial advisor.
It is a commercial matter for the client if they accept this arrangement. However, we would recommend seeking instructions to prepare a Vendor Finance Agreement where the unpaid balance is treated as a loan provided by the Vendor that must be repaid by the Purchaser in accordance with the terms of that agreement, post-completion.
Yes. This can be structured as a gift or a loan. A gift makes the funds available to creditors if they sue for debt, and may form part of pool of assets in a relationship breakdown. A loan can be recalled by the lender. We can assist with preparing a loan agreement that facilitates any repayment arrangements as well as the registration of the required security (e.g. mortgage).
Do you have a copy of the company constitution? There are formal rules associated with being appointed as director under the Corporations Act 2001 (Cth), but certain replaceable rules may be modified by the company’s constitution, including the rights/procedures for appointment of directors. We would need a copy of this document to give this advice.
You will most likely need an online packaged liquor licence to conduct this activity. There are certain notices you must issue, forms you must lodge with NSW Liquor and Gaming, and RSA/licensee training you will need to complete to carry out that activity at your premises. If the premises is not your residential address you may also require development approval from Council.
