When it is a Deed of Cross-Guarantee Introduction A Deed of Cross Guarantee is ASIC’s standard form document intended to free a corporate group from the chore of filing separate accounts for each wholly owned subsidiary. Provided relevant group companies have signed the Deed, they are exempt from filing. The Deed can easily be confused… Read More
This article sets out the steps involved when selling your business and some of the important factors to consider. At the beginning of the process, you wish to know what you want to sell, and why. Once you’ve made the decision to go forward, you should be (if not already) talking to your accountant, and… Read More
Essentially, a company charge is a security interest held by a lender over the personal property of a company. The charge is given by the company (the charger) to the lender (the chargee) to secure payment of a debt or obligation. A charge does not give the lender a legal interest in the property by… Read More
Uncertainty of contract – the ‘safe harbour’ and corporate insolvency amendments Over a nine month period to July 2018, amendments to the Corporations Act come into force which significantly limits the ability of corporate parties to rely on an ‘insolvency event’ to modify or terminate their contracts entered into after that date. Touted as a… Read More
ASIC’s review of unfair terms in small business loan contracts – impact on equipment financiers In March 2018 ASIC released one of its periodic ‘Reports’ on how it considers various laws and regulations should work. Report No. 595 comprises a review of the changes the 4 major banks have made to their small business loan… Read More