Buying, selling or starting a business? Speak with us first.
Whether you are intending to buy or sell an existing business or start a new business atAylward Game Solicitors we are able to assist you. Mark Game has extensive experience in these transactions ranging from small local businesses carried on by sole proprietors to large scale diversified enterprises carrying on multiple businesses across the state or nationally through assorted corporate, trust and joint ventures structures.
The types of business may be various, including retail, hospitality (e.g. restaurants, hotels, motels etc.), industrial, service, rural or otherwise.
If you are starting a new business it is critical to make sure you get the correct advice early, the consequences of failing to do so can later prove to be very expensive or otherwise restrictive on your businesses development and growth.
Mark Game has a particular interest and experience in the sale and acquisition of Aged Care facilities as well as other commercial and business law matters.
BUSINESS CONTRACT LAW
Business Contracts By Business Lawyers
In carrying on a business you are involved in or will become involved in many and varied legal contractual arrangements at all levels of the business activity. Those contractual arrangements may range from employment contracts, consultancy agreements and independant contractor arrangements to agreements with suppliers, service providers and customers. You may also have arrangements with co-operators, partners and shareholders regarding what happens when one party wishes or needs to leave the business.
It is of course always better to document these arrangements to avoid misunderstandings and to properly protect your rights and interests. At Aylward Game Solicitors we are able to provide you with straight forward practical advice in relation to all of the various contractual arrangements you will find yourself as a business operator confronted with.
As a minimum the business should have:
- If a partnership, a Partnership Agreement;
- If a company, a Shareholders Agreement;
- Employment Agreements with all salaried employees;
- Standard Form Supply Agreement for the supply by the business of its products and/or services to its customers or at least standard form Terms of Trade.
At Aylward Game Solicitors we are also able to prepare those “ONE OFF” type special purpose contracts or agreements to cater for some of those more unusual or unique circumstances that you may need dealt with.
Franchising and franchise transactions
Whether you are planning to set up a new franchise operation as franchisor or acquire a new or existing franchise business as franchisee at Aylward Game Solicitors we are able to assist you in all aspects of such transactions.
As a franchisor it is imperative that the development of your franchise model, its systems and its core contractual document, the Franchise Agreement, are carefully prepared with the future planned growth and expansion catered for as much as practically possible. Not getting it right now can end up being costly later.
As a potential franchisee it is critical that you clearly understand the full effects of the transaction that you are entering into.
- What are the full upfront costs payable to the franchisor?
- What are the ongoing costs and expenses payable to the franchisor and how and when can they be changed or increased?
- What are the restrictions on your operation of the business?
- Can you sell your business and assign your rights as franchisee?
- What are the costs and who is liable for them when and if you chose to sell your business and are permitted to assign your franchisee rights?
- Do you have to lease the business premises or do you just hold a licence to occupy that premises from your franchisor? What’s the difference and how does it affect you?
Mark Game has considerable as a business lawyer experience in dealing with many different franchise businesses and has a particular interest and extensive experience in the 24/7 fitness industry sector.
Corporate and trust structure advice and set up
When establishing a business or even acquiring an existing one it is important to set up and commence your business operation with the right structure. Our advice is simple, “START where you want to FINISH”.
Careful thought and consideration should be given to where you see and want you business to go.
Starting with a simple structure now to see how it goes will often prove to be very costly later when the structure needs to be changed (e.g. to allow for or accommodate growth, to provide asset protection, or to have a more tax effective structure).
At Aylward Game Solicitors we can assist you to ensure that the best structure, considering your individual circumstance, is identified for you. In this process our fundamental philosophy is always to liaise with your financial advisor / accountant to ensure that both the legal and accounting aspects are fully factored into the consideration process and that both your financial advisor / accountant and us are “on the same page”.
AHEAD OF THE GAME