A shareholders’ agreement is a binding contract that regulates the rights and obligations of shareholders. Such agreements establish rules governing the operation of companies and how specific events must be conducted. Unlike the replaceable rules or a constitution required by the Corporations Act 2001 (Cth), shareholders’ agreements are not compulsory. However, upon incorporation, or when [...]
Often the first fundamental question a lawyer will ask when requested to prepare documentation for a sale of a business is: Are you conducting an Asset or a Share sale? Whilst for the most part this is a fairly straightforward consideration, oftentimes buyers and sellers will not fully understand the fundamental advantages and disadvantages of [...]
There are significant changes coming to the franchising industry. New regulations and a re-drafted Franchising Code of Conduct are set to begin from 1 April 2025. The Franchising Code of Conduct (the Code) aims to ensure fairness in the franchising sector by addressing potential issues resulting from the power imbalance between franchisors and franchisees. Both [...]
When choosing a (new) lawyer, one can approach it with two mindsets: ad-hoc or purposeful. Similar to a person who is sick and is in the process of choosing a GP, you can opt to go to whoever is closest to you at the time (which may vary from time to time) or you can commit [...]
