Business Advisers
Part of Sydney Business Lawyers’ services is in acting as advisers generally to our business clients.
We have a cradle to the grave relationship with our business clients in that we are there when the business is being set up and the relevant structures are being put in place, we act as advisers generally to our business clients on the range of transactions and issues that businesses have to deal with and we act on the sale of the business, merger or restructure that is implemented to effect a succession plan and exit.
Setting up the business owners contracts that will regulate the relationship between the owners is an essential part of what we do at Sydney Business Lawyers. We have sophisticated systems and processes for cost effectively preparing complex partnership and shareholder agreements, including insurance funded buy sell provisions to deal with death, disability or critical illness of a business owner.
Our role may involve advising on or preparing a business contract that our clients are required to sign for the purpose of a transaction that they are about to enter, for example a supply of services to or by their business, a tender document, a confidentiality agreement or a most fundamental business contract, its terms of trade and any related credit application.
Employment contracts are an essential tool in any business and our documentation ensures that your employee’s contracts are up to date with all current developments in employment law. Not only that, our plain English approach to drafting ensures that the contract is written in a way everyone can understand and that your employment contract sets an important tone in the establishment of your relationship with a new employee.
Having set up the employment relationship, issues sometimes arise with employees that can’t be resolved by the contract itself, such as where termination is required due to poor performance or a discrimination complaint of some form is made. At these times, we have been able to support our client through what is required to be done to ensure that they comply with their legal obligations and that their commercial interests are best served.
Ensuring that businesses have a complete and sound set of policies is important in the operation of any business. Policies that relate to occupational health and safety, health and hygiene, respect in the work place, disciplinary action, access to and use of IT, client service, code of conduct and many others are readily available from us.
Many businesses conduct commerce on the internet. We have policies that comply with the privacy laws and contracts that regulate access to the business’ website by browsers, advertisers on, suppliers to and buyers on the website.
Helping our clients identify risks that arise in their business operations and ways in which to deal with them is an important function that is often overlooked. For example, in a husband and wife business, given strict director liability for a number of issues, should both the husband and wife be directors. If the business is a trading entity, avoiding the acquisition of valuable assets, particularly real estate, by the trading entity. Having appropriate policies in place (such as those mentioned already) to deal with recurring issues that relate to most businesses is a first step in dealing with many risks. We can complete a business procedures review that will show up any risks that are inherent in the business.
If a business lends money to a third party, it is important that appropriate advice is given to the business about taking security for the loan and in documenting that security if it is required.
Dealings with banks are a basic requirement of any business but not every lawyer is in a position to respond to the issues that arise in bank transactions. For example, when the bank requests a certificate of compliance of a trust deed with bank requirements or independent solicitor’s certificates of advice that the borrower and security providers understand their obligations under the bank security. We can manage these requirements.
Many businesses have property issues that need to be dealt with, such as the premises lease. Sydney Business Lawyers can advise on most property matters that a business may need to deal with from time to time.
We are often called on to assist with the collection of outstanding debts of the business.
Being readily available to our business clients at the end of a telephone call or email at all times is our policy. If you would like to benefit from that service, please don’t hesitate to contact Sydney Business Lawyers on 8915 4900 or mail@sydneybl.com.au.