Marino Law’s experienced business and commercial lawyers on the Gold Coast can provide assistance for a range of commercial and business legal matters, including:
Buying a Business
When buying a business, it is important to have a comprehensive understanding of the business in all respects and its operations before you become contractually bound to purchase. Our commercial and business lawyers can conduct a thorough legal due diligence of the business and identify the risks that can or may adversely affect the business and its future operations.
Selling a Business
If you are getting to the stage where you are looking to sell your business then it is important that you properly prepare for the sale and obtain professional advice to negotiate a favourable contract. To improve saleability and minimise protracted due diligence performed by perspective buyers, it is prudent to ensure you tie up all lose ends before selling the business which may include…
Contracts & Negotiations
Operating a business often requires you to contract with third parties whether it is buying stock or supplies, leasing premises, licensing software or engaging third parties to carry out tasks in respect of your business. Having proper contractual documentation ensures transparency, provides protection, can minimise disputes and often can add value to your business.
Setting up a Business
Whilst it may be an exciting time setting up a new business on the Gold Coast or throughout Queensland, it is important you carefully plan and consider the necessary issues to build a strong foundation for the business to operate. We can guide you through the legal matters which may include…
You should carefully consider which entity will own the business and business assets to effectively minimize tax liabilities, offer asset protection and to deal with incoming and outgoing partners. Whilst this is of paramount importance when setting up a new business, there may be opportunity to restructure your business when contemplating rapid business growth or taking on new partners or investors.
Shareholder, Partnership and Joint Venture Agreements
All too often, we see disputes arising between business or joint venture partners including as to making business decisions, drawings, profit, retirement, partners being absent from the business or failing to achieve goals.
To minimise disputes arising and to outline each partners rights and obligations, it is prudent for partners to enter into a written agreement defining …
Where there are multiple owners of a business, they should ensure succession of the business upon the happening of the death, total and permanent disability or traumatic illness of key lives in the business (‘critical events’). This can be achieved by having an appropriate succession plan in place to address what must happen upon a critical event occurring.
There are many benefits in franchising a business model or acquiring a franchised business. If you are desirous of franchising your business, it is vital to ensure that your intellectual property rights are protected and your franchise agreements and disclosure documents are compliant with…
A distribution agreement typically is an agreement between a supplier and a distributor of goods / products. If you have a product you wish to distribute or you are desirous of being a distributor of the product, it is prudent that any distribution agreement sufficiently defines each parties rights and obligations including but not limited…
Competition & Consumer Law
Compliance with the Competition and Consumer Act (previously the Trade Practices Act) or the Australian Consumer Law is essential, not least noting the potential costs for non compliance including penalties imposed, potential litigation and the potential for negative publicity.
Intellectual property is an intangible form of asset and includes inventions, designs, trademarks and copyright over literary works. Intellectual property can be quite integral and valuable to your business and it is important to ensure that it is properly protected.
Leasing Business Premises
Security of tenure of business premises may be vital to your business particularly if the business has generated local goodwill or the costs of relocating are significant. The lease over business premises is an asset of any business and steps should be taken to preserve its value.
Loan and Securities
Our property, commercial and business lawyers can assist with preparing and or negotiating loan agreements and security documents including mortgages over real property and general security agreements for either a straightforward loan arrangement or in conjunction with a business or property transaction (such as vendor finance).
Personal Property Securities
The Personal Property Securities Act 2009 (Cth) (“PPSA”) came into force on 30 January 2012. It has been touted as a “one stop shop” for security interests in personal property by overhauling the myriad of approximately 70 pre-existing government acts and registers (ie ASIC Charges, REVS, Bill of Sale) into one searchable national register.