Business & Commercial

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June 2009
"Controlling structuring risk for Business Angels" by Andrew Ireland and James Millea
Starting a new business is like a marriage. Common goals and some thought before you take the plunge on how to manage the different dreams and sole disputes will go a long way to maintaining a happy business marriage, writes James Millea.Originally published in Wholesale Investor 5 June - 10 June 2009

April 2009
"Preference Shares– They may be preferable for proprietary companies" by Andrew Ireland
Private companies can find that preference shares are an attractive means of raising funds and, in appropriate circumstances, may be a better alternative to ordinary shares or loans, particularly in the current economic climate Andrew Ireland writes.

2007
"See here, understand?" by Peter Bobbin
If you think the indecipherable legal verbiage, written in microscopic type and buried in obscurity on your customer documentation, will cover your liabilities, think again. Peter Bobbin explains the importance of disclaimers for financial planners and other professionals. Originally published in Asset Magazine magazine, May 2007.

2005
"Empty hallways: don’t let you business lose clients to departing staff" by Peter Sardelic
Well drafted employment contracts can prevent your practice being raided by former employees. Using the financial services industry as an example, partner Peter Sardelic reveals how principals can protect their business using legal restraint provisions. Originally published in Money Management 21 April 2005.

"Put a stop to ex-employees stealing your clients” by Peter Sardelic
All dealer groups confront similar issues when an adviser leaves the business. Most importantly, how to you prevent your former employees from taking your clients with them? In this article, partner Peter Sardelic explains how dealer groups can protect themselves from client poaching. Originally published in Money Management’s "Argyle Advocate" column, 24 February 2005.

2004
"Independent Contractor or Employee: why is it relevant and what's the difference" Andrew Ireland
In recent years there has been a movement away from the traditional employment relationship and toward the more appropriate and relevant modern day contractor relationship for large portions of the Australian work force. This article sets out the factors to be considered in drafting a service contract to comply with various Tax acts, workers compensation, insurance and liability considerations, and industrial relations matters. November 2004

2003
"Business Succession Planning Principles" by Peter Bobbin
Business succession planning involves identifying objectives and strategies for management succession and ownership succession which are designed to ensure a smooth transition for the business and ensure its continued profitability. This 2003 article represents a "grab" of ideas and issues to help the business owner understand business succession planning. Wills, buy/sell agreements, life insurance, taxation and other issues are discussed for both family and non-family businesses.

"Preference Share Capital - an option for private companies" by Peter Sardelic
Private companies are increasingly looking to preference shares as a means of raising funds. Investors find that carefully designed preference shares will protect their interests, while companies seeking capital have also found benefits using preference shares. This article explains the various issues surrounding the use of preference shares as a fundraising or investment tool, including debt equity tax rules, structuring opportunities, converting preference shares, maintenance of capital protections for directors, and Corporations Act requirements. Mr Sardelic concludes that although they do have serious, and in some cases quite technical, requirements under the Corporations Act, preference shares present a very attractive and advantageous form of financing for companies and investors. October 2003.

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