Business Law
Buying or Selling a Business
We aim to build long-term relationships with our clients and support and advise them through their journey as business owners and operators. By gaining an in depth understanding of our clients and their businesses we strive to work together to meet their goals and objectives.
Whether you are a first-time business owner or looking for new opportunities and growth, our business and commercial law team will deliver advice you can understand.
We can assist with:
- Sale, purchase, and acquisition of a business - from drafting the contract to settlement of the transaction
- Drafting business terms of trade, credit applications and director guarantees
- Advising on franchise agreements and associated lease or licence arrangements
- Drafting and negotiating joint venture and partnership agreements
Structuring and Restructuring
When in business, our clients come to us seeking advice that offers them peace of mind for their personal wealth protection.
We offer pragmatic and commercial advice to our clients to help them preserve their wealth through the use of appropriate legal asset structures. These legal asset structures include:
- The use of corporate trustee of trusts
- Family, Discretionary and Unit trusts
- SMSF and Bare trusts
- Testamentary, Special Disability, Family Maintenance and Charitable Trusts
- Shareholder, Unitholder and Partnership agreements
- Loan agreements, mortgages, and security registration
- Deed of gift to trusts and other entities.
We work with financial advisors and accountants to ensure that our clients understand any financial or tax implications and or benefits of particular legal structures available.
We can also assist in restructuring clients’ existing legal structures. Business is dynamic and circumstances change. When change occurs whether in family or in business, legal documents should be reviewed and changes considered. We can assist with:
- Deeds of succession to family and discretionary trust deeds;
- Changes to company constitutions;
- Directors’ resolutions, Changes to corporate trustees, Appointment of corporate attorneys;
- Binding nominations to SMSF and retail funds;
- Cloning and restructuring existing trusts and Trust splitting;
- Loan agreement variations and asset and debt re-organisation;
Share Sale and Shareholder Agreements
We understand the importance of working with your accounting, taxation, and financial advisors to ensure a holistic approach to your business and commercial dealings.
At MobbsMarr Legal our business and commercial law team can be with you every step of the way - guiding you when you are first starting out, assisting and supporting during growth, advising through challenges, and celebrating with you upon retirement.
We like to work closely with our clients to help them achieve their business and personal objectives and provide the following services:
- Drafting and negotiating shareholders agreements
- Drafting and negotiating share sale agreements
- Advising on business structuring and restructuring
- Advising on asset protection and risk minimisation strategies
Franchise Agreements
The experienced commercial team at MobbsMarr Legal understand that franchise business systems are inherently unique and often quite complex.
We understand the legislation and regulations that apply to franchisors and franchisees and can simplify the legal process involved in this increasingly popular business model.
We offer a wide range of services encompassing all areas of franchise law. Regardless of your goals for franchising, our team will work with you and provide you appropriate and timely advice to ensure you are taking the right steps.
Our general franchise law services include:
- Franchise agreements and disclosure documents
- Sales and purchases of franchise businesses
- Negotiating with the franchisor’s legal advisors
- Property and lease advice, including the requirements under retail shop lease legislation
- Commercial advice on, and preparation of, business contracts such as terms of trade and supply agreements
- Structuring including asset protection, entity establishment and business succession
- Dispute Resolution including negotiating, mediation, and litigation
If you require advice on franchising, whether you are looking to establish a franchise, buy a franchised business, or sell a franchised business, contact our experienced commercial team.
Employment
MobbsMarr Legal understand that your performance and reputation can be affected if a workplace issue or dispute is not managed appropriately and with discretion.
We can assist clients in navigating the complexities and diversity of issues related to employment and industrial law. We provide comprehensive, focused, and timely advice with attention to detail in all aspects of employment and industrial law, including:
- Unfair dismissal
- Redundancy rights and entitlements
- Preparation of employment contracts and contractor agreements
- Contract negotiations and disputes
- Sham contracting
- Enterprise bargaining agreements and Award rights
- Workplace discrimination
- Restraint of trade
- Disputes concerning restraint and non-solicitation clauses
- Workplace health and safety
We are experienced in protecting the interests of employees, employers, and contractors in workplace disputes. We help make your rights and obligations clear and ensure you are being treated fairly.
MobbsMarr Legal’s approach is practical, and we excel in providing advice to clients that can assist them in the early resolution of workplace disputes, which may assist in minimising lengthy and expensive commission or court proceedings.
If you require advice in relation to an employment issue, please call or send an enquiry to our employment team below.
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