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Personal Liability for Company Directors
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised […]
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Business Structures: Partnership
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. In Australia, there are 4 common business structures – sole trader, partnership, trust and company. Different business structures have different benefits and disadvantages. This article looks at partnerships – how to set one up […]
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Everyone is talking about ‘corporate governance’…. But what does this actually mean?
In recent times the term ‘corporate governance’, and the increasingly popular ‘good corporate governance’, appear to be regular topics of discussion both in the media and the general population. These terms are routinely used when considering the actions of a wide range of companies from very small local companies through to global giants such as […]
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Business Structures: Sole Trader
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at the sole trader business structure – how to set up as one and the pros and cons of this structure. Key Features […]
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Directors’ Responsibilities – a Guide
A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised […]
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Attention to Detail – Defects in Statutory Demands
A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements regarding the form and wording of the statutory demand are not complied with. Defects in […]
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The Risks of Going Guarantor
Has a family member asked you to provide a guarantee for their home loan, or personal loan or business loan? If so, you need to be clear about your obligations under a contract of guarantee. What is a guarantee? If a lender is concerned about a borrower’s capacity to repay a loan or has classified […]
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COPYRIGHT: 10 Frequently Asked Questions
If you are an artist, writer or business owner concerned about protecting copyright in your work, the answers to these frequently asked questions will provide you with some guidance as to how copyright law operates in Australia. 1. Do I need to register for copyright protection? Under Australian law, there is no registration of copyright. […]
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Business Structures – Trusts
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at trusts – how to set up a trust and the pros and cons of the trust structure. Key Features A trust is […]
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Unfair Contracts Update – are you complying with the law
In November 2016 the current Unfair Contract Terms Regime (UCT Regime) was extended to cover standard form contracts entered into with ‘small business’. The changes have a significant impact on the way Australian businesses contract with each other and it is important that you understand how the changes affect you and how you need to […]
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