Trust Deed Advice
We’ve got a matter where the enemy is questioning the validity of a deed of variation that was signed in 1979 on the basis of an alleged breach of trust! We are about to send them a letter explaining all the reasons: why there was no breach of trust; why the doctrine of laches applies […]
Loan & Security Documents
We have had a few clients lately selling on vendor finance. We provide a deed of acknowledgement of debt and guarantee, and where possible, a charge or mortgage over all of the real and personal property owned by the borrower and the guarantors. The former get registered at Landgate. The latter get registered on the […]
Complicated Business Sale Agreement
I’ve been working on a complicated business sale agreement this week. Among other things: Control of the buying company has to be changed with a change of shareholders and directors. The selling company need to change its name so that the buying company can register a business name similar to the selling company’s original name […]
Sale and Purchase of a Business
I am working on a sale and purchase of a business. The buyer and seller are business partners. The seller wishes to slow down and act as consultant only for a few years and then retire altogether. They wanted me to act for both parties, but the conflict of interest is too much of a […]
Finalising Franchise Agreement
Yesterday we finalised negotiations regarding a franchise for a client. We managed to get numerous changes made to the franchise agreement, though not as many as we would have liked. We find it is usually difficult to get any changes made to franchise agreements. Most Franchisors say take it or leave it, so we did […]
Purchase of Financial Planning Business
We are helping a lady negotiate the purchase of 2 financial planning businesses at the moment. We’ve done a few of these over the years, so we were able to put these together reasonably quickly. One lady was a procrastinating a bit, so we suggested the following e-mail be sent: “Dear Ms X, I have […]