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Business / Commercial Law

Many of us have experienced a small business venture at one time or another, whether it be a two person partnership or a medium sized company with employees.

Business Structures
Selecting the correct structure and performing the due diligence and financial checks is an important role for an accountant in an acquisition process but its only part of the story, as not having all the legal aspects of a transaction fully investigated could be fatal to its future viability.

Business Sales or Purchases
There a number of possible legal processes that a business sale or purchase could involve.

  • Registration or Transfer of various Licenses
  • Retail and Commercial Leasing of Premises
  • Franchising
  • Business Name Registrations and Transfers
  • Partnership Agreements, Shareholder Agreements
  • Company formations
  • The Establishment or implementation of Trusts
  • GST issues, Capital Gains, Fringe Benefits and other Tax Issues
  • Transfer of Employee Obligations and Entitlements
  • Restraints against future Competition from the Seller

It may be that you have a shop, office or factory lease that needs review, or you own premises that require a lease to be put in place. A defective lease can have dire consequences for both property owners and tenants alike. Retail leases in particular are regulated and specialised documents and contain traps that could apply as much to the party collecting the rent as the one occupying the premises.

It is not safe to take shortcuts on your business and commercial related transactions, as your livelihood is dependant on them. It takes experienced lawyers to guide you through the minefields.

Contact McNamara & Associates for assistance in any of your commercial law matters on 02 44 230155 or email us at: enquiries@mcnamaralawyers.com.au.

Suite 6 / 3 Schofields Lane  •  PO Box 1256 NOWRA NSW 2541  • DX 5319 NOWRA  •  Ph: (02) 4423 0155  •  Fax: (02) 4423 0811
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