At Danaher Legal we are proactive in supporting our business clients with their needs and improving their business.
We regularly give advice on:
Business acquisitions and sales;
Business structuring and re-structuring including Trusts, Partnerships,
Joint Ventures and Self-Managed Superannuation Funds;
Intellectual property issues;
Business control agreements such as Unit holder agreements,
Shareholder agreements and Powers of Attorney;
Leasing and licensing;
Competition & Consumer law;
Corporate Governance & Compliance;
Not only do we provide legal assistance on these matters to maximise the benefits to our clients but we also encourage our clients to use our extensive referral and business network. It’s about “good people” building relationships with other “good people” for the benefit of all parties.
Dennis Danaher the Principal Solicitor can assist with putting in place agreements and arrangements to protect your interests.
Future Proof Your Business
Business Succession Planning is complicated and should be undertaken in conjunction with your lawyer, accountant, financial adviser and you – the business owner. There are significant issues to be considered such as taxes (such as GST, CGT, Stamp Duty), liability for debts, control of entities and business structuring to name a few.
At Danaher Legal, we pride ourselves on contributing to the success of you and your business, while at the same time giving you peace of mind.
Most business owners will own their interest in a business in a structure such as a discretionary trust, unit trust, company, partnership or a combination of all these. This then means that their interest in the business will not necessarily form part of their estate, and as such, will not be dealt with by their will.
Family owned businesses have their own unique succession issues and may have a need for “extra-legal” solutions such as “family constitutions” or “family councils” or “advisory boards”. We can assist.
Upon the occurrence of a trigger event, either party can be left running the business with the Attorney or Executors of the person affected by death or incapacity. This obviously is not a desirable situation, and can be avoided with a Business Will.
A succession plan for your business can give certainty and reduce stress in an otherwise difficult time.
The Business Will can also incorporate details surrounding the operation of the business and what should happen if a particular party leaves.
Adequate insurance policies need to be maintained that assist a party to acquire the affected person’s interest in the business. Without these insurances, other owners may not be able to continue to operate the business, and the value of the business may be substantially affected.
A Business Will deals effectively with tax, debts and liabilities within the business.
Shareholder/Unit Holder/ Joint Venture Agreement that deals with:
Control and ownership of the business
Decisions of the business
Liability for debts and loans of the business
Distribution of capital and income of the business
Buy/Sell Agreement that deals with the buyout of a party.
Insurance for all aspects of the business and its operations. We can recommend a Danaher Legal partner skilled and authorised to advise on the different insurances available and how these are best utilised.
Having your personal estate planning in order. This includes Wills, Powers of Attorney and other appropriate structures.
A review of your existing structure. This is generally conducted in conjunction with your accountant. If you do not have an accountant we can put you in touch with a Danaher Legal partner skilled in advising on such structures.