Many businesses operate through a structure of a company, a trust or a partnership. Each of these structures has its own peculiarities.
Companies are operated under the terms of the Corporations Act. This is complex legislation that requires solicitors with extensive experience in a whole range of different issues and many of the practical issues of dealing with ASIC.
At McAuliffe Legal, we have many decades of experience in assisting companies in dealing with Corporations Act compliance issues. Failure to comply with these issues can lead to strict penalties being imposed not only upon the company but also upon office bearers.
Trust law can be a minefield. At McAuliffe Legal, we understand the importance of getting your trust documentation correct and keeping it up to date. Many trusts that are operated are often old and out of date. This can inhibit the proper functioning of trusts, particularly those that are operating businesses. At McAuliffe Legal we also understand many of the complex legal issues that can arise when there are disputes in the operations of companies and trusts. We have extensive experience in litigating and dispute resolution for companies and trusts for our client businesses operating in Margaret River, Busselton and Bunbury.
In rural communities, partnerships are very common. Many agricultural enterprises are run in partnerships between family members. Regrettably, these often become an area of considerable disputation over time. This particularly occurs where new members enter families through marriage, de facto relationships or generational change.
The best means of ensuring that you minimise problems within partnerships is to ensure that you have a detailed partnership document that regulates the core provisions of the agreement between all the parties.
Many parties do not consider what happens if a partner wishes to exit a partnership. Many agreements do not have clear rules as to what the terms are for someone entering the partnership. What happens if someone dies? What happens if someone undergoes a divorce? These are common problems that we encounter on a daily basis with our clients in Margaret River, Busselton and Bunbury.
At McAuliffe Legal, we can help you navigate this minefield of issues and document the issues before the problems arise. If the problems have already arisen we have extensive experience in dispute resolution to quickly and cost effectively resolve these problems for you.