We understand fundamentally business is about relationships and so we provide start to end business law services.
Responsive, diligent and commercially minded, we aim to provide timely and tailored advice and solutions to meet your present and future business or commercial needs.
The Heard McEwan business law team has the expertise with Law Society of NSW Accredited Specialists in Business Law, Property Law and Commercial Litigation as well as the resources and support services to meet time demands and other challenges you may face in day-to-day commercial life.
We assist a variety of business owners and organisations to establish and maintain productive businesses, to review and implement the best operational structures and protections and to assist with all manner of internal and external commercial and business arrangements along the way, including where needed commercial litigation and dispute resolution services.
We provide skilful and prompt advice and assistance in all areas of business law, including:
- Buying and selling a business;
- Business contracts;
- Business structuring;
- Business risk management;
- Business succession planning;
- Commercial leasing;
- Liquor and gambling licensing; and
- Personal Property Securities.
Buying and Selling a Business
We have acted on many business sales and purchases, big and small, across a variety of industries including real estate, professional services, childcare, retail, medical, automotive and commercial.
The Heard McEwan business law team can assist you to prepare for, negotiate and complete the transaction and the related work to be undertaken.
Our experienced team can handle all parties involved – the broker, key personnel, banks, landlords, franchisors, government authorities and so on – to bring together the necessary components forming part of the business sale or purchase and co-ordinate settlement.
We can assist you with business structuring, negotiating the terms of sale and collaborating with your accounting and business advisers to achieve the optimal commercial outcome.
Much of the focus of our advice to our clients’ is the benefit of having the terms and conditions of business contracts and commercial arrangements carefully reviewed, drafted, explained and understood by our clients at the earliest stages, so as to prevent where possible or minimise disputes arising.
We have experience providing advice and assistance in respect of all forms of business and commercial contracts, including:
- Buy-sell agreements;
- Commercial leases;
- Confidentiality agreements;
- Australian Standards contracts;
- Employment contracts;
- Franchise agreements;
- Joint venture agreements;
- Licensing agreements;
- Loan agreements;
- Partnership agreements;
- Restrains of trade;
- Sales and Distribution Agreements;
- Self-managed superannuation funds;
- Shareholders agreements;
- Terms of trade;
- Trusts; and
- Intellectual property and trademarks.
Choosing and maintaining the right structure can have a positive effect on your business’ success and future.
We recognise there is no ‘one size fits all’ solution and it is important to weigh up the advantages and disadvantages of different structures available having regard to your short and long term growth and operational objectives, succession plans, taxation and other regulatory considerations, asset protection, liability and business risks.
Common business structures include sole traders, partnerships, joint ventures, companies, family trusts and unit trusts.
We regularly collaborate with accounting and financial planning professionals to provide holistic advice and we work closely with you to understand your business and goals.
Business Succession Planning
Succession planning for business should involve a thorough consideration and understanding of how the business is owned and operated, to ensure that the transfer of assets and control of the business is orderly, and the process is managed to the maximum benefit of business owners and their families or other key persons for retirement, sale or in the event of any sudden death or incapacity.
Depending on the nature of the business, this will often involve funding considerations including insurances and require preparing other documentation in addition to a will, such as shareholders agreements and buy-sell agreements, as well as reviewing and updating trust deeds, partnership agreements, leases, licences and superannuation death benefit nominations.
We can assist to review and implement suitable business succession planning for you and your business, and in doing so, review and ensure your personal estate planning is consistent and appropriate, to give you peace of mind and protection
The terms of a lease can bind the parties for many years and so it is essential the lease document is drafted or reviewed carefully. The Heard McEwan business law team regularly advises on, or acts in, commercial leasing and retail leasing for landlord and tenants.
We work quickly to draft and issue out commercial lease documents to accurately reflect terms of the proposing leasing arrangement as well as to review lease documents and advise on any onerous terms and assist with negotiations.