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Company Directors and Conflicts of Interest
Company directors have a legal obligation to avoid conflicts of interest. Identifying and managing potential conflicts are essential steps for all company directors. When a conflict exists, a company director should seek professional advice from an experienced legal...
Due Diligence when Buying an Existing Business
If you are thinking about a new venture, expanding an existing business or entering a new market, one option you might consider is to buy an established business. There are advantages and disadvantages when buying an existing business compared with starting your own....
Managing and Resolving Shareholder Disputes
A shareholder, also known as a stockholder, is an individual or entity that owns shares in a company. When disputes between shareholders occur, it can significantly impact the functioning and stability of a company. Effectively managing and resolving these disputes is...
The importance of estate planning before capacity becomes an issue
We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making a formal arrangement to account for a time when we...
Succession Planning for Business Owners
As a business owner, you deal with many responsibilities, including having to decide what to do with your business when you move on. Sometimes the logical endgame for a business is to be wound up, but in most cases, the aim is a smooth transition to new ownership....
Managing commercial disputes – key steps and processes
A commercial dispute occurs when two or more parties have a disagreement in relation to a business matter. The subject of a commercial dispute varies however many arise due to a party’s alleged failure to perform contractual terms and conditions, which is why it is...
The risks of being an executor – commissions and personal liability
Are you an executor of a Will? Before administering the estate, you should understand that this role involves risks such as personal liability for the expenses of administering the estate. You also should be aware that you may be entitled to commission for your ‘handy...
Exclusion clauses in commercial contracts – how far can they go?
It is common in commercial contracts to apportion risk among the parties. One way this is achieved is through exclusion clauses. Exclusion clauses might address liability for contractual breaches as well as other types of liability, such as negligence. There are three...
FAQ on Estate Planning
While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list in reality, this is something that should be on all our “must do” lists. Proactively planning for...
What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not...