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ASIC v Macdonald – have the lessons really been forgotten?
The case of Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 highlights the importance of properly documenting Directors’ meetings to ensure they are legally compliant. This article examines the facts of the case, the basis of The Australian Securities and Investments Commission’s argument, and the principles of preparing minutes of Directors’…
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The Crowd-sourced Funding Bill 2016 – overview
Revised from the 2015 Bill, the 2016 Bill provides a regulatory framework for Crowd Sourced Funding (CSF) with eligibility requirements, obligations for Intermediaries facilitating the CSF Offers, and restrictions on advertising to protect retail investors.
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Shadow directors and de facto directors explained
This article examines the legal reality of de facto directors and shadow directors, which go beyond those validly appointed. It also considers whether advisory board members can be classed as such, and the implications of this status, with reference to relevant case law.
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Are legal expenses tax deductible for new start-ups?
From 1 July 2015, a newly incorporated company, trust or partnership can immediately deduct a range of professional expenses associated with starting a new business, such as professional, legal and accounting advice. This change was introduced by the Tax Laws Amendment (Small Business Measures No. 3) Act 2015 (Cth) which amended the Income Tax Assessment…
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“Approved by ASIC” – a $20,000 issue
The Australian Securities and Investments Commission has taken action against Huntley Management Limited for advertising their products in a way that could mislead consumers. Learn more about this case and what it means for Australian Financial Services Licence holders.
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What are Share Subscription Agreements?
A share subscription agreement is a binding promise between a potential shareholder and a company. It outlines the number of shares issued, order and timing of funds advanced,along with common clauses such as conditions precedent, confidentiality, no-shop, and more.
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Overview of loan agreements
A Loan Agreement is a legally binding document that can help protect the interests of both parties while facilitating the flow of funds. Learn more about common clauses, pitfalls to consider, and relevant cases. For more information, consult a legal expert.
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What are Teaming Agreements?
Teaming agreements can help two or more parties secure a tender or contract with a third party. Learn more about the common clauses, limitations, and risks associated with these agreements, and how to navigate them.
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What exactly is a Preference Share?
Discover the advantages and risks of preference shares and their implications for capital gains tax. This article from Dundas Lawyers explains the hybrid rights associated with preference shares, how they are issued, and their potential benefits for shareholders.
Corporate law
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