Business Structures and Asset Protection

If you plan to set up a new business or currently operate an established small to medium sized business, you will be familiar with the most common business structures. However, you might not be familiar with how the law treats sole traders, companies, trusts and partnerships – that’s where we come in.

We understand choosing the right business structure is half the battle. After all, your personal and professional wants and needs are constantly changing – which is why you need a lawyer who can not only advise you on which business structure is right for you, but also help you manage the affairs of the business and structure.

Whether you are a director or shareholder of a company, a trustee, beneficiary or unit holder of a trust or a partner of a partnership, we consider your particular circumstances and develop a strategy that meets your needs.

Our extensive understanding of complementary areas of law means that you can have comfort in knowing that your assets will be protected and your wealth will be preserved.

We understand choosing the right business structure is half the battle. After all, your personal and professional wants and needs are constantly changing – which is why you need a lawyer who can not only advise you on which business structure is right for you, but also help you manage the affairs of the business and structure.

Whether you are a director or shareholder of a company, a trustee, beneficiary or unit holder of a trust or a partner of a partnership, we consider your particular circumstances and develop a strategy that meets your needs.

Companies

With over a total of 3 million registered in Australia, companies are by far the most popular business structure when it comes to carrying on business or engaging in short-term investing. They offer a reduced company tax rate of 30% (in some cases 27.5%) and provide shareholders with limited liability.

Whether you are starting a new business, managing a handful of companies or operate a large corporate structure full of companies, we appreciate that you need access to lawyers who understands your needs and apply their knowledge of complimentary areas of law such as corporate advisory, finance, tax, property, employment and insolvency law to help you achieve company objectives.

We do so much more than help our clients to incorporate, acquire or sell companies, we get to know their unique set of circumstances and help them navigate all things company related.

If you or someone you know needs wants or has a company as part of their business, rest assure that our extensive experience in all things commercial and commercial law allows us to provide you with a one stop shop for all your company needs.

How we can help

  • Incorporate all types of companies (including to prepare bespoke shareholders agreements and other company documents)
  • Advise you on the rights and obligations of directors and shareholders under the Corporations Act and in relation to ASIC and other regulatory bodies
  • Conduct legal due diligence on a company in which you wish to acquire shares
  • Prepare, amend and negotiating share sale agreements when you buy/sell shares in a company
  • Help you resolve disputes between directors or shareholders

Trusts

While trusts can seem complicated and difficult to understand, there is no question that they are the most effective way to minimise taxation, protect assets and preserve family wealth – after all, it is no coincidence that discretionary trusts and unit trusts are widely used for business and investment purposes.

Whether you need help to establish a trust to fit within your personal or business situation, administer a trust to achieve a desired outcome or resolve a trust dispute and obtain a successful outcome, our extensive experience in dealing with trusts, beneficiaries and unit holders makes us your one stop shop for all your trust needs.

We don’t just understand how trusts work, we understand how they fit within your unique set of circumstances as well as their relationship with complimentary areas of law such as business, finance, tax, property, family, estate, employment and insolvency law.

If you or someone you know needs a trust or help managing their trust, rest assure that our experience, combined with our internal systems and processes, will help you achieve your goals without incurring substantial cost, stress or delay.

How we can help

  • Establish, amend or wind up a discretionary trust, unit trust or fixed unit trust (including to prepare unitholders agreements)
  • Advise you on the duties of trustees and rights of beneficiaries/unit holders
  • Help you vary your trust deed (including to appoint or remove trustees, appointors or beneficiaries to/from your trust
  • Help you redeem or transfer units held in a unit trust
  • Convert your unit trust to a fixed unit trust so you obtain the benefit of the land tax threshold
  • Represent you in a trust dispute so you have the best chance of success

Partnerships

While partnerships are not designed to protect assets or limit the liability of the partners who wish to carry on a business, they are relatively inexpensive to set up and operate. That’s why partnerships are often an ideal structure for investments and small businesses managed by two or more people.

Whether you intend to establish a partnership or need help to manage, restructure or dissolve a partnership, our extensive experience working individuals, new businesses and start-up and established small to medium sized enterprises means that we not only understand your wants and needs, but can also help you get the most out of your partnership.

We are able assist you with all matters partnership related, whether you need a bespoke partnership agreement which outlines how income or losses will be distributed and how the business will be managed or unique solutions to resolve partnership disputes where a partnership agreement does not exist.

We combine our knowledge of business structures and asset protection with complimentary areas of law such as corporate advisory, finance, tax, property, employment and insolvency law to help you make the most out of your partnership.

How we can help

  • Help you establish a partnership (including to prepare and negotiate the terms of a partnership agreement)
  • Advise you on the obligations and duties of partners in a partnership
  • Advise you on the implications of a new partner joining your partnership or an existing partner leaving your partnership (including to prepare all necessary legal documents)
  • Help you resolve a partnership dispute
  • Guide you through the legal issues involved in bringing a partnership to an end and help you dissolve the partnership