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Registering a Company and New Business Setup

Our Experienced Commercial Lawyers can assist you in all aspects of setting up a new business. We offer a 15 minute free consultation by phone to ascertain the most effective way to set your business structure.

Our Commercial Solicitors can assist in the following areas

  • Registering a Business Name
  • Setting up Trusts
  • Establishing a Company Structure
  • Applying for an ABN number
  • Obtaining a tax file number
  • Registering the company for GST and PAYG withholding tax
  • Registering Domain Names
  • Registering Trade Marks
  • Setting up Partnership Agreements, Shareholders Agreements and Joint Venture Agreements

Partnership Agreement

A Partnership Agreement is generally required whenever a new business venture commences and two or more people (acting as partners) enter into business together with an object of making a profit. A Partnership Agreement is necessary as a foundation of your business partnership, ensuring that your interests, and that of your partners, are clearly understood and protected. All partners within the partnership share the responsibilities, benefits and risks involved in operating the business venture.

Partnership agreements can contain information which outlines what happens where a partner dies, becomes disable, separates from a spouse or has children.  A partnership agreement also outlines agreements reached to buy-out or sell-out to the remaining partners in certain situations.

A.L.F. Lawyers can assist you in the preparation, review and negotiation of a partnership agreement.  We can also assist you with any dispute and termination matters.

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What can be found in a Partnership Agreement

  1. Partnership name and business address;
  2. Names of the partners;
  3. The nature of the partnership business
  4. Effective date of agreement, and commencement of Partnership;
  5. Level of Capital contribution by Partners;
  6. Maintenance of the Partnership account;
  7. Duties and limitations of each partner;
  8. How profit is to be distributed
  9. How major decisions are to be voted on
  10. How Partners will be paid
  11. The role of any inactive partner
  12. The process used to introduce new partners
  13. Restraints of trade for outgoing partners
  14. Rules governing dissolution of the Partnership;
  15. Terms concerning retirement, death, or expulsion of a partner;
  16. The mechanism for when a partner wants to exit or must exit, including determining the value of a partner’s share
  17. Termination of a partnership and winding up.




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Shareholder’s Agreement

Our Commercial Solicitors have a wealth of experience in establishing a shareholder’s agreement which governs the relationship between the shareholders and the directors of a company.  Each shareholder’s agreement is general different reflecting the individual arrangements, conditions and possible scenarios that the business may encounter in the day to day business over time.

Our promise to you

Our commercial Lawyers understand the importance of being aligned with our clients expectations. We get back to you the same day, provide competitive pricing, work within your timelines. All we ask in return is that your instruction are clear and contain the necessary detail for us to get the job done.

Joint Venture Agreement

A joint venture agreement sets out the parties’ rights and obligations in relation to a business venture which is established jointly.  The Joint Venture outlines the level of contribution made by each party, the nature of the relationship, specific roles of the individuals and specific agreements between the individuals.

Joint Venture Agreements describe the distribution of profits and the structure of liabilities including any capped versus unlimited liabilities.

 

The most common structures for a joint venture are:

  • Unincorporated Joint Venture – where the parties enter into a contractual relationship that explains how profits, risks and liability will be shared;
  • Incorporated Joint Venture – where the parties incorporate a new company to operate the venture, and the parties become shareholders in that company;
  • Partnership – where the parties are jointly and severally liable to third parties for the acts of the partnership (and this can sometimes be inferred, particularly for unincorporated joint ventures that do not have a joint venture agreement); and
  • Limited Partnership – a partnership where the liability of at least one of the partners is limited, while the liability of others is unlimited.