For foreign investors, there are various factors to consider before starting a foreign business in Australia. Depending on the operation and industry relevant for the business, these factors can also vary. Generally, starting a business in Australia for foreigners need to consider factors including business structure, human resources and taxation. Choose Business Structure and IP…

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Personal or director guarantees are commonplace in many commercial contracts. Common transactions that will generally require a personal guarantee include: any business purchase; commercial leases; loans; or trading terms and credit applications. In such instances the personal guarantee will generally be from one or all the directors of the company. What is a Charging Clause?…

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Due to the unprecedented impacts of COVID-19, 2020 has seen an array of legislative interventions to protect businesses to trade through the crisis. One of the more significant changes was the extension of the time frame for companies to respond to their creditor’s statutory demands. Statutory Demands Breakdown In ‘normal’ times a creditor’s statutory demand…

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We are commonly asked to advise directors and shareholders on how to resolve a management deadlock within their company. Management deadlocks can lead to damage to the business and business relationships and a lose-lose outcome for the partners. What is A Deadlock In A Company? A deadlock occurs when neither party (or factions) within a…

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A well drafted shareholders agreement will contain what is known as a “drag along” provision. Here we explain what a drag along clause does and why it can be important. Shareholders agreements – What is a drag along right? A drag along right allows a majority of shareholders to force minority shareholders to join the…

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Tip 1 – Get it done at the Beginning The single biggest mistake we see is that the participants fail to prepare a shareholders agreement at the outset of the venture. There can be many reasons for this, including but not limited to the following: it may not occur to the parties that they need…

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Payroll Tax is a State imposed tax on employers, assessed by the wages paid to employees, applicable when the total amount of wages paid by an employer or a group of employers exceeds a determined threshold. There are special provisions in these laws for ‘employment agents’ who procure the services of workers for their clients.…

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