4 reasons why a company should have a shareholder agreement

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Despite your best intentions, business relationships can deteriorate for any number of reasons.

So while it’s not a legal requirement to have a formal shareholders’ agreement, every company with more than one shareholder would be well advised to have one.

Read on to find out what a shareholder agreement is

Your legal obligations when you’re a liquor licencee

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Australian businesses that sell liquor have to follow a strict set of regulations. These rules are in place for a reason – to keep patrons and staff safe. Should you not comply, you could face stiff fines or lose your licence.

To avoid this, make sure you adhere to the

3 things you need to know about building contracts

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Your building contract is an important document that you shouldn’t sign blindly. Doing so could lead to messy legal wrangles and costly project delays.

But what should you look out for in a building contract?

Here are three common questions that come up with regards to building contracts. Make sure

What’s sham-contracting – and how do you avoid it?

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As the saying goes, if something looks like a duck, swims like a duck, and quacks like a duck … then it probably is a duck.

So even if your worker signs a contractor agreement, they may still be considered an employee under Australian law.

That’s why it’s critical for

Your legal checklist when buying a hospitality business

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Buying a hospitality business can be a risky venture if you don’t have all the facts or miss a crucial piece of information.

To minimise the risk, it’s important to do your due diligence. Here are five issues you need to resolve buying a hospitality business.

Has the

3 things you need to know before choosing a business name

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What’s in a name? Well, consider Marion Robert Morrison or Norma Jeane Mortenson. Neither has quite the same ring to it as John Wayne or Marilyn Monroe, right?

And while you’re not trying to make it in Hollywood, your choice of business name matters too. That’s because a business name

Temporary relief allowing electronic signatures and virtual meetings lapses

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In response to COVID-19, Parliament provided temporary relief measures through an amendment in the Corporations Act 2001 (Cth) (‘Corporations Act’).

The amendment allowed electronic signatures of documents, virtual meetings, and electronic notice of those meetings. It was expected that these amendments would be extended, but now the pre-COVID requirements of

Is Your No Verbal Variations Clause Enforceable?

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Many contacts contain a clause, often called either a No Verbal Variations or No Oral Modifications (NOM) clause, intended to prevent future “nod and handshake” waivers of the terms of that contract, even when willingly entered into by both parties.

The intention behind such clauses is to protect both parties

Director Identification Number Scheme is nearly here

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If you’re involved in the Australian business world, you probably have already heard about the Director Identification Number scheme that is slowly coming into fruition. But what exactly is this scheme, and how does it affect directors of businesses? We’ll break down what the DIN scheme is, how it affects

The pros and cons of buying a hospitality franchise

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It can be a seductive idea. Rather than starting a hospitality business from scratch, why not skip the start-up stage altogether by buying into a franchise?

And it’s a business model with a long illustrious history. Albert Singer developed the first franchise contract to help him sell more sewing machines

Are rental guarantees worth the paper they’re written on?

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A rental guarantee can seem like the icing on the cake when you’re a property investor. You get guaranteed rental income for an agreed period if you can’t find a tenant for your off-the-plan apartment. What could possibly go wrong?

Unfortunately, the deal might not be quite as attractive as

Your legal rights when settlement is delayed

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Signing the contract of sale isn’t the last stage of a home purchase. Rather, it’s the beginning of a process that only ends on settlement day. This is the day when the agreed purchase price is paid to the seller and the buyer takes legal possession of the property.

Unfortunately,

Can you sell a property if the co-owner isn’t keen?

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Property in Victoria can be expensive. So one way of entering the market faster is to pool funds with family or friends. Unfortunately, things can get difficult when one co-owner wants to sell and the other doesn’t.

When this happens, can you force a sale?

The two different ways to

How to get a liquor licence in Victoria

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Victoria boasts a world-class hospitality scene. But there’s always room for one more venue where patrons can enjoy a quick beer after work or a cheeky cocktail … or three.

However, opening a new bar, restaurant or cafe can come with a checklist as long as your arm. You don’t

Buyer beware: What is a section 173 agreement?

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Your home might be your castle. But that doesn’t necessarily mean you can do whatever you want with your property.

There may be planning restrictions that set out conditions or restrictions on the use or development of your land. In Victoria, these restrictions are commonly known as a section 173

What Prince can teach us about wills and estates

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The end of April marked five years since pop superstar Prince died suddenly at his Paisley Park home in Minnesota. Prince left behind an estate comprising largely of intellectual property and music rights worth an estimated US$150-$300 million.

However, he died without a will so his estate still hasn’t

Your quick guide to Victoria’s planning legislation

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No matter your age, job or background, Victoria’s planning legislation has a big impact on your life. That’s because it governs the built and natural environment around us.

Councils use the legislation to develop planning schemes that affect how land can be used and developed within your local area. These