A guide to shareholder agreements

Shareholder agreement document

A company constitution is usually drafted in a standard format and does not provide protection for shareholders in the event of a dispute between them or where issues arise not covered by the constitution.

A shareholder agreement, which properly outlines the steps to be taken in the event of disputes and certain circumstances arising, can be an effective tool for avoiding the cost of litigation.

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Does your privacy policy comply with privacy laws?

Privacy law in Australia is governed by the Privacy Act 1988 (Cth) (the ‘Act’) and the Australian Privacy Principles which affect the handling of personal information.

The principles were introduced in 2014 to bring Australia’s privacy laws (first introduced in 2001) in line with advancing technology trends and to provide more transparency around the capture and use of personal information.

Continue reading “Does your privacy policy comply with privacy laws?”

Protecting your cashflow – the importance of your terms of trade

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers.

These terms form the basis for the trading relationships for all businesses.

If a business is the supplier of goods or services then it should have written terms of trade which:  Continue reading “Protecting your cashflow – the importance of your terms of trade”

Extension of the unfair contracts regime to small businesses

small business

The Federal Government has enacted legislation extending the unfair contract term protections of the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) to the small business sector.

Under the new laws, a Court is able to declare that a term of a standard form small business contract is void if the term is unfair.  Continue reading “Extension of the unfair contracts regime to small businesses”

Important things to consider when buying a business

bakery business owners

If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective.  Getting the right advice from the start is important. The structure of and issues involved in the sale are quite different if you are buying the business assets only, compared with the shares in the company that owns the business. Continue reading “Important things to consider when buying a business”

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