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BUSINESS & CORPORATE SERVICES We understand small to medium businesses require expert legal advice at a reasonable cost. We have a specialized team of professionals who work with clients to provide expert advice tailored to your unique business. We believe in working with our clients and are proud of the fact that we familiarize ourselves with their business to ensure their interests are protected. Our team keep up to date on the constantly changing Local, State and Federal Laws and regularly update our documents and systems. At Ferguson Cannon we provide a large range of business related services to our clients. These services include:- Buying/Selling Businesses
Over a number of years we have acted for many business proprietors when buying or selling their business. Our experience and systemised approach in these transactions ensure that all facets of the transaction are attended to expediently in a cost effective manner. Our aim is to ensure the sale or purchase of your business is attended to competently and in a seamless manner. Leasing
The Directors and Solicitors at Ferguson Cannon are experienced in all leasing matters and are conversant with the law relating to the leasing of premises, including retail shop leasing and leasing of commercial and industrial premises. We act for Tenants and Landlords and offer a full range of advice including leasing of existing and off the plan premises, and clients seeking to assign a lease. We will ensure that all legislative requirements are met.
Ownership Structures When commencing or buying a business it is important that the ownership is structured to meet both asset protection and taxation objectives. It is also important to ensure that no unnecessary stamp duty is incurred at a later stage if the ownership of the business needs to be transferred at a later stage to achieve asset protection or tax objectives. Businesses can be owned by a number of different structures including sole traders, partnerships, companies, discretionary trusts and unit trusts. At Ferguson Cannon we will investigate our clients’ needs to ensure that the structure of their business is in order from the outset. We will often meet with accountants and financial advisors and work together in a holistic approach to meet all objectives. We can prepare partnership agreements, shareholder agreements, unitholders agreements, trust documentation and will organise the incorporation of companies. Business Succession Planning
Succession Planning is an essential issue for all businesses to consider in their strategic planning.
We prepare for a number of clients Business Succession Deeds to ensure the Succession Plans are achieved. Documents can include Business Succession deeds where a buyout is funded by insurance on the death of a key principal, or the progressive buyout over a period of time on the retirement of a key principal. We also review and prepare key documents such as partnership agreements, shareholder agreements, unitholder agreements and company constitutions. We often work closely with our client’s accountants and financial advisors to ensure that all objectives are met. Licensing Many industries require licensing from various Government departments prior to commencing operation. Not only do we assist our clients in obtaining the relevant licenses but also assist them in complying with the various requirements of the licensing authority. We also act for clients who are charged with any breaches of the licensing requirements.
The following are some of the licenses which we regularly assist clients with:-
Franchising
Our franchising team are dedicated experts who work with our clients to provide the right advice at a reasonable cost. We have over 15 years experience in acting for franchisors, franchisees, master franchisors, and international franchisors.
We have worked with clients starting up a franchise from the ground up, selling off its own stores to create a franchise, and restructuring existing national franchise systems.
Our areas of expertise include:-
Preparing franchise agreements, disclosure documents, leasing documentation (including sub-leasing and licensing), employment contracts and supply contracts; Advising on all aspects of setting up a franchise, intellectual property issues (including branding), operational issues and advising on legal compliance issues; Advising on and acting in dispute resolution procedures under the Franchising Code such as mediation, conciliation and litigation. This can be for various matters like payment of fees, reporting requirements, and intellectual property; Advising on and drafting notices regarding defaults; Advising franchisors on their day to day operational issues;
Corporate structure advice and reviews ; Compliance with the Franchising Code of Conduct; Strategic advice and acquisitions and competition; and Advising of changes to the Franchising Code such as those which come into effect 01 March 2008.
Intellectual Property
Ferguson Cannon have many years advising clients on all aspects of intellectual property Law including:-
Property rights; Trade marks; Patents; Designs; and Branding.
We not only act on our client’s behalf to obtain the above but also assist them in protecting their rights from others trying to use their intellectual property.
If you have any questions or require further clarification as to any aspect of our Business Services please contact Tony Pattinson or Byron Cannon, Directors of Ferguson Cannon on (07) 5409 7823.
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