Commercial

Advice as to commercial leases, buying and selling business, finance, company formations, partnerships and the like.

Leases
It is important for clients to be aware of the distinction between an Agreement to Lease and a formal Deed of Lease. The detail with regard to each is important to landlord and tenant respectively. A tenant in particular needs to know the extent of the the tenant's obligations. These are not always clearly set out in an Agreement to Lease. Legal advice is essential.

Business Purchase or Sale
Buying a business is a big investment. You need to get advice on restraint of trade, intellectual property, purchase price, transfer of goodwill, plant and equipment, stock, transfer of business names and often shareholders agreements will be needed in addition to the actual lease and assignment of lease.

Finance
If clients have a range of structures available (sole trader, partnership, company, family trust, etc.) accounting advice and legal advice together can provide the best result for tax and business purposes. This could also lead to the best form of financial structure.

Company Incorporation
There are important considerations before establishing a company which clients need to be aware of. It is important to know the extent of protection that the incorporation of a company provides. When incorporating a company a choice of name must be made. The name can be officially reserved at an early stage. It is also important to consider the mix of shareholding and control. A Shareholders Agreement is often necessary to set out how shareholders can sell their shares and set out the duties and obligations of the shareholders.

Partnership Agreements
Clients who enter into a business arrangement with another partner should have a Partnership Agreement in writing setting out the arrangements between the parties. You should obtain legal advice first to obtain the best tax result and business outcome.