Commercial Law

 

At Evans and Wislang we offer a diverse range of practical commercial law advice and services.

Buying and Selling Commercial, Retail or Industrial Property

We can assist you in the preparation of contracts, and also in interpretation of, and negotiating terms associated with the buying and selling of commercial property. Most commercial property transactions have tax implications, including GST and CGT. These matters need to be properly addressed at the outset. Failure to do so runs the risk of the imposition of a tax at a later time, that may have been avoided. GET IT RIGHT the first time.

Buying and Selling a Business

We can provide you with the right advice. Tax implications apply and it is essential that the contract/s provide you with the best tax position. We can assist you with the negotiation of contracts. There is no cooling off period in relation to the purchase of a business and it is therefore more essential then usual to get advice early.

Many business contracts also involve either the purchase of freehold, or the lease of freehold, and some also include the transfer of the grant of a franchise, or a liquor license.

All of these have their own unique set of considerations, and all have taxation consequences. If you are purchasing a business it is important that you consider at the outset how the business is to be structured, as to change this later could be costly and possibly incur capital gains tax liability.

Commercial Leasing

This is a written agreement outlining the terms and conditions of the arrangement. Depending on the nature of the property disclosure requirements may apply. For example in the lease of a retail shop the parties need to comply with the terms of the Retail Leases Act. However, Industrial and Commercial Leases generally do not have all the protections of the Retail Leases Act, and a tenant needs to ensure that he is protected from the superior bargaining position of the Landlord. It is important that, whether you are a Landlord or a Tenant, that you obtain and act in accordance with proper legal advice. We can assist you.

Liquor Licensing

Our experienced staff can assist you on all issues regarding liquor licenses, including applications and transfer of liquor licenses. There are different types of liquor licenses and we can assist you in deciding what liquor license would be proper for your circumstances, and we can further assist you in making an application. 

Business Structures

Sole Trader - Partnership - Company - Family Trust - Unit Trust.Under which structure should you be trading? Do you need to be able to ‘split’ your income to keep your tax to a minimum?

How should you set up at the commencement?

Will it cost to change the structure under which I am trading?We can assist you with these questions and more.

Partnership Agreements/ Shareholder Agreements

It is highly recommended that all parties to a business arrangement enter into a Partnership Agreement, Shareholders Agreement or Unit Holders Agreement, that set out more fully the terms of the relationship. It is much easier to agree at the outset what should happen if the arrangement should fall apart rather than deal with it later when things may be strained. Termination provisions are very important. How are shares to be transferred, what rights apply, and how is the value of the share transfer to be determined? These are all questions that need to be addressed in an Agreement.

Such Agreements should also address other matters such as:
- what effect will the introduction or withdrawal of capital have on a business?
- what restrictions shall be placed on the parties during the period of the Agreement and subsequently if the Agreement is terminated?

When these issues are properly addressed the parties are well aware of the consequences of their actions and things tend to run much smoother.

 

 

CONTACT EVANS & WISLANG
Contact us via email
Phone: (02) 4952-5344
 
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Testimonials
 
"Dear Toni, I wish to express my sincere thanks to you for your professional assistance and advice you extended to me in the recent sale of my unit and purchase of another." F M Adam
 
“Dear Toni & Robin,  On behalf of the Directors of FASA I wish to thank you for your assistance in conducting the case for us.  We are very pleased with the outcome and look forward to getting back to normal life and getting back to business.  Your comforting words, obious talent and probably above all your good humour assisted us in keeping a clear mind.Thank you once again.
Regards
Bob Collins
FASA Board”
 
"Buying our new house was very stressful until I met Toni Wislang. I can't thank her enough for sorting out the problems caused by our previous conveyancer."
Robert R.