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Director loans – can they be recalled anytime?
This article explores the legal considerations of when loans between family members or directors of a company are due and payable on demand. Learn more about the relevant case law and express terms that may be implied by conduct.
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What exactly is a partly-paid share?
Investing in partly-paid shares can come with unique benefits, such as voting rights and profits. Learn more about the legal and financial implications of this type of investment and the payment process involved.
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Can a third party be held accountable for breaching director duties?
This article examines how the Corporations Act 2001 (Cth) holds third parties “knowingly involved” in director misconduct accountable. Learn more about the tests, cases, and damages that can result from company business gone wrong.
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Preventing ex-employees from using your client list
This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.
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Holding company responsibility for subsidiary debts
Uncover the factors that affect a holding company’s liability for its subsidiary’s debts. Learn when a holding company can be liable and what defences are available to protect it.
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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…
Corporate law
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