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BLB NEWSLETTERS | BUSINESS LAW BRIEF
LATEST ISSUE - News For July 2008
BUSINESS LAW
Share Transfer Procedures
Shareholders of small and medium size companies need to stay alert to the procedures and requirements which must be followed when they want to transfer or sell their shares. Failure to follow the necessary procedures – whether such procedures are required because of the Corporations Act, the company’s constitution or an applicable shareholders agreement – can cause a misguided shareholder considerable grief and lead to disputes between shareholders.
FINANCIAL SERVICES
Speed Kills When Acquiring a Client Base
As a frequent adviser to buyers and sellers of financial planning and accounting practices we are often asked to assist with the negotiation of the contract for sale. One issue stands above all others in such agreements and that is how and how quickly the seller will be able to transfer their client base to the buyer.
SUPERANNUATION
What is catching the ATO’s attention?
The Tax Commissioner has recently stated that loans by SMSFs were a major area of concern. About 30% of SMSF audit cases involved loan investments made by SMSFs...
SMSFs represent 25% of total super assets
Latest figures indicate that about 25% of total super assets are held in SMSFs. Approximately $300b is held in SMSFs while the total Australian super assets are about $1.2 trillion.
ESTATE PLANNING
The Peter Brock Story
The Peter Brock Story ...
Don’t Get Short Changed on the Terms of your Testamentary Trust
A testamentary trust is simply a trust created under a Will. Traditionally such a trust has been a fixed trust so that a certain sum or proportion of the deceased’s estate is held on trust for the beneficiary.
DISPUTE MANAGEMENT
Repudiation of a Contract
In the decision of Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited, the High Court considered the ability of a party to a contract to terminate a contract as a result of the other party’s breach of a non-essential term.
FRANCHISING
The Importance of Complying with the Franchising Code of Conduct
Last years decision by the NSW Court of Appeals in the case of Ketchell v Master of Education Services Pty Ltd [2007] NSWCA 161 (19 July 2007) has made many franchisors and franchisee very worried about the legal status of their franchise agreements. In the Ketchell case the Court found that the franchise agreement between the franchisor and the franchisee was unenforceable for statutory illegality.
TRADE MARK
The Harry Potter Trade Mark
Our Trade Mark Attorney Peter Close of AU Trademarks recently wrote an article about the Harry Potter Trade Mark.
LIFE’S TOO SERIOUS
The room was full of pregnant women with their partners.
The room was full of pregnant women with their partners...
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