Business Structures

Are you starting a new venture, re-structuring, acquiring an existing business, or capitalising on your hard work by selling and exiting?

We can help with practical, pragmatic, cost-effective advice and solutions.

Our team has extensive experience with business analysis, business and corporate structuring, foundation documents and shareholder agreements, as well as with the sale and purchase of companies and businesses.

Sole Proprietorship (‘Sole Trader’)

Inexpensive, few formalities, simple to start, a sole proprietorship is the “business face” of the individual who owns and operates the enterprise.

However, the business owner is exposed to unlimited liability to the business creditors, who can pursue the business owner’s personal assets to satisfy unpaid business debts.

We can help:

Set up a sole proprietorship
Buy or sell an existing sole proprietorship business
Restructure a sole proprietorship business into another structure
Review and advise on retail and commercial leases
Advise on relevant law

Ask about Sole Proprietorship

General Partnerships

Formed when 2 or more people agree to share income and losses between themselves in the course of operating a business.

Partnerships are not a separate legal entity. They are an agreement between the partners to operate the business on shared basis. Each partner is jointly and severally liable for the obligations, debts and liabilities of the partnership as a whole, and each partner is bound by the actions of the partners.

We can help:

Set up a partnership
Negotiate and prepare your partnership agreement
Buy or sell an existing partnership
Restructure a partnership business into another structure
Review and advise on retail and commercial leases
Advise on relevant law which regulates partnerships

Ask about Partnerships

Company

Once incorporated, a company is a new, separate legal entity.

Companies can (in their own name) buy and own assets, operate a business, enter into contracts, borrow money, open and operate bank accounts and so on.

Directors run the day to day business of a company and may be held responsible for their actions. However, shareholders of a company are not at risk for the company’s debts or actions.

We can help:

Prepare a company’s constitution documents
Incorporate a new company
Draft and advise on all types of agreements including shareholder agreements, restraint agreements, earn-out agreements
Buy or sell an existing company’s shares (Share Sale)
Buy or sell an existing company’s assets (Business Asset Sale)
Restructure a company

Ask about Companies

Trusts

Trusts are a special, recognised form of legal arrangement where a trustee holds (and sometimes uses) trust property for the benefit of the trust‘s beneficiaries.

Trusts are often used to protect assets, and to minimise taxation on business and income and capital gains.

We can help:

Prepare and stamp your new Trust Deed
Advise on an appropriate choice of trust and trustee
Incorporate corporate trustees
Advice on and create ‘trading trust’ structures
Wind up an existing trust
Settle or re-settle a trust and its assets

Ask about Trusts