Asset Protection

What assets? When advising an individual – the individual’s assets and, it follows, when advising a company the company’s assets.

BUYING A BUSINESS

Before you sign the contract, make sure you know who the buyer should be – obtain the advice of your solicitor and accountant as to the best structure to adopt.

DIRECTORS AND OFFICERS LIABILITY

1. Why should you listen to me? 2. What am I going to tell you that will make you understand why you should listen? 3. How can you avoid personal liability as a director or an officer?

SAFE HARBOUR REFORMS – A BETTER OUTCOME FOR WHOM?

Much has been published about the ‘Safe Harbour Reforms’ recently enacted into Australian law. Its stated goal is to protect directors and officers of companies who believe that their company is or may be insolvent and on satisfaction of certain preconditions may make a proposal to restructure the company and continue to trade within the […]

Am I an ‘officer’ for the purposes of the Corporations Act 2001?

An ‘officer‘ of a company owes statutory and common law duties to both the Company and to persons with whom the company deals. Undischarged bankrupts are disqualified from engaging in the management of a company by section 206B of the Corporations Act 2001; who then is an officer the purposes of that provision? The answer may […]

What is a ‘large proprietary company’?

A policy objective adopted by lawmakers is to reduce the cost of doing business in Australia. In Australia there are 2 main categories of companies – proprietary or private companies and public companies. Most small to medium-sized businesses choose to register as a proprietary company however, they are restricted to not more than 50 non-employee […]