Corporate Compliance
Do you use a company to trade? Do you have the Australian Company Number for that company on your business card? What about your website? Did you know that it is a requirement under the Corporations Act that most documents issued by a company need to have its ACN published. If you, or anyone you […]
What is Estate Planning?
What is estate planning all about? It’s about making adequate provision for those you leave behind. From a legal point of view this includes Wills, enduring powers of attorney, enduring powers of guardianship, and succession clauses in partnership, shareholder and unit holder agreements. For assistance with estate planning, see Michael Paterson & Associates.
Exotic Share Class
We have helped a few clients set up companies recently. The last matter required a special class of share for 15% of the total shares issued. This entitled the holders to extra shares each time more shares were allotted to investors in return for capital, such that their original percentage of that class of shares […]
Privacy Policy
Do you have a Privacy Policy? Does it comply with the 10 National Privacy Principles from the Commonwealth Privacy Act 1988? Did you know that those 10 National Privacy Principles, that apply to some businesses, are being replaced by the 13 Australian Privacy Principles next week on 12 March? If you, or anyone you know, has […]
Letters of Administration in Lithuania
We have been having fun obtaining letters of administration for the estate of a man from Lithuania. We have needed: certified copies and translations of Lithuanian birth and death certificates; explanations as to why the names differ on the certificates; and why the deceased transposed an “R” and an “N” in his surname on arriving […]
When Probate isn’t Necessary
We spoke to an old client yesterday. She wanted help getting probate on her late mother’s will. We could have helped her do that, but her mother’s estate is only about $10,000.00 most of which is in a Bankwest bank account. We advised her that she would not need to obtain probate and we confirmed […]
Employment Dispute
I saw a new client before my one week break. He’d been sacked out of the blue. It was clearly an unfair dismissal and he was under the Fair Work Australia $129,300 threshold, but he was paid 4 months’ salary in lieu of notice and the maximum payout is 6 months, less legal fees, so it […]
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 […]