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What exactly is a bare trust?
This article explores the taxation implications of setting up a Bare Trust, from income tax to capital gains tax and beyond. Learn more about the duties of a Trustee and the considerations to keep in mind when creating a Bare Trust.
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Director Identification Numbers – more red tape?
Treasury Laws Amendment Bill proposes a Director Identification Number (DIN) regime to create transparency, detect illegal phoenix activity, and provide streamlined system for liquidators/administrators. Consultation closes 26 Oct 2018.
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Diversion of the corporate opportunity doctrine
Directors have a legal responsibility to act in the best interests of the company and its shareholders. This article explores how Directors can pursue opportunities for personal gain without breaching their duties, as well as other related topics such as directors’ duties and liabilities.
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Safe Harbour protects proactive Directors not merely ‘living in hope’
From 1 July 2018, directors of financially challenged companies have a defence against breaching Section 588G(2) of the Corporations Act 2001 (Cth). However, directors must take proactive steps to assess the financial position and implement a rescue strategy when first suspecting insolvency.
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De-encryption laws: compelling tech giants to cooperate with law enforcement
The Australian Government is introducing encryption-related legislation that could have significant implications. Get the full scoop on what this Bill could mean for companies and citizens before it is officially announced.
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Director’s personal liability – misleading & deceptive conduct
Directors: prevention is cheaper than cure! Explore ways to ensure your corporation doesn’t engage in misleading or deceptive conduct under the Australian Consumer Law (ACL). Take active steps to protect yourself from personal liability.
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What exactly is a term sheet?
Term sheets can be a powerful tool when negotiating a commercial agreement. Learn more about what they are, how they work, and when to use them.
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Shareholders’ right to information
When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.
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Is your liquidated damages clause a penalty?
This article explores the enforceability of liquidated damages clauses in contracts, examining tests, and precedent cases to determine when a clause is a “genuine pre-estimate of damages” and not a penalty.
Corporate law
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