Archives for October 2012

Need to complete a share issue?

Dundas Lawyers often prepares the necessary documents to issue and allot shares for its clients.  We also offer a complete end to end service depending on the clients unique situation.  One of the more common transactions of this nature is an issue and allotment of shares by a proprietary company. [Read more…]

Foreign investment in Australian businesses

Note: due to changes in the legislation mentioned below, this article is no longer current.

What governs foreign investment in Australia?

The Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) governs foreign investment in Australia. The Treasurer or the Treasurer’s delegate determines whether an investment will or will not be contrary to Australia’s national interest.  [Read more…]

Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Cth)

Proposed changes to the Privacy Act 1988 (Cth) (Privacy Act) have passed the House of Representatives and is now before the Senate for consideration.   The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Amendments) amends the Privacy Act by introducing:

  • a new definition of personal information;
  • the Australian Privacy Principles (APPs);
  • a more comprehensive credit reporting system;
  • new provisions on privacy and credit reporting codes; and
  • new powers for the Privacy Commissioner.

[Read more…]

Corporate Governance – A leverage point

By Lloyd Russell, Principal -TCB Solutions

Corporate governance means different things to different people and sadly in most family and private businesses this is considered to be the domain of the Accountant or Lawyer While these two critical stakeholders have a crucial role to play in the governance of your business they cannot assist with the development and embedding of the system within the businesses operations. [Read more…]

Buy Sell Agreements

Buy/Sell Agreements or Put and Call Option agreements (as they are also referred) are agreements used in the context of business succession to allow for an equity holder’s (Equity Participant’s) estate to be paid out in the event of the their death or disablement.  They are commonly used in conjunction with an appropriate policy of insurance (Insurance Policy) to provide certainty for a business on the death or disablement of an Equity Participant.  It is not usual for Security Holders Agreements to deal with the death of disablement of an Equity Participant as their scope is usually limited to the operation and control of the Enterprise.

Buy/Sell Agreements can be used in a wide variety of entity types where a few Equity Participants hold the majority of the equity in the business (Enterprise).  A Buy/Sell Agreement is applicable where the equity held in a variety of business structures including (but by no means limited to) traditional partnerships, a unit trusts, a proprietary company or other hybrid form of entity.

[Read more…]

Send this to a friend