Sole director shareholder company

What happens if a company’s sole director/shareholder dies? SME business people such as finance brokers usually relish the freedom from legal formality afforded by the sole director/shareholder company model. This innovation was introduced by amendments to the former...

Signing on behalf of a company

Can employees sign a contract to bind their company? In daily business life it is often the case that a company employee who holds either an administrative, purchasing or financial position is entrusted with the responsibility of negotiating a contract. Then, when the...

Principal & Agent Paper 2019

The financing of lease contracts by way principal and agent (“P&A”) agreement is a common commercial technique to enhance for the supply of business equipment in Australia. The P&A structure permits a sale of goods where a transaction might not otherwise be...

Privacy Laws and Small Business

We are living in the era of “Big Data”. Personal information is the new currency. Customer and user data comprise a valuable asset for business and government. Government access to personal information is ultimately about power and control. For business, the value of...

Is your company’s ACN (or ABN) on all your public documents?

In Australia every company is issued with an Australian Company Number or “ACN”. The purpose of an ACN is to ensure that a company is properly identified when conducting important aspects of its business. The ACN was introduced in the 1990s in response to the growing...

Restraints on employees

Recently an SME client asked whether the law could help him stop his customers poaching his staff, and his (former) staff poaching his customers. As you can appreciate, these are difficult questions to answer. In Australia, the general position is that restricting a...