Corporate Law

Have a question? Contact us

    Throughout the lifecycle of your business, you will be making numerous decisions that could make or break your entire business. You need corporate lawyers who can advise you from the structuring phase to the point where you are ready to exit or sell the business. At TNS Lawyers, we take a pragmatic approach when advising our business owner clients on corporate matters. We draw on our experience working in the business sector to understand your long-term objectives and how your business operates. This means that we can ensure that your commercial interests are always protected and also cushion you from any problems along the way by anticipating where things could possibly go wrong in the future.

    Our business lawyers in Melbourne can assist you in all corporate law matters including:

    Business structures

    Sole trader, partnership, company, discretionary trusts, unit trusts–whichever of these structures you choose determines multiple elements of your business. These include your legal and tax liability, the paperwork you need to file, and even your day-to-day operations. Our Melbourne corporate lawyers work closely with accountants to help you pick the best business structure that fits your needs and ensures sustainable success.

    Company registration

    To conduct business in Australia, our lawyers can help you register your business with the Australian Securities and Investments Commission (ASIC).

    Shareholder agreements

    Whether your company is proprietary limited (Pty Ltd) or public, having a shareholder agreement is important. A shareholder agreement clearly defines share ownership, voting rights, both the company and its shareholders’ obligations, remedies for disputes, and restrictions for transferring and purchasing shares.

    Directors' duties

    The Corporations Act 2001 sets out the duties of company directors and other officers. These are your general statutory obligations as a director and a breach or failure to fulfill these duties could result in penalties or in some cases, criminal sanctions. Our experience extends to assisting and securing favourable outcomes for companies, shareholders, and directors who are involved in disputes and investigations by ASIC.

    Regulatory and compliance advice

    Are you being investigated for breach of directors’ duties or not meeting standards imposed on directors? Get a corporate lawyer to review your legal framework and manage the risk of complex regulations on your day-to-day operations and transactions.

    Australian Securities and Investments Commission (ASIC) investigations

    ASIC is an independent government body tasked with regulating corporate activity in Australia. It has the power to conduct investigations as well as enforce sanctions on individuals or businesses found to have violated applicable laws. If you find yourself involved in an ASIC investigation, we can help you get a good grasp of your situation and find a resolution.

    Mergers, acquisitions, and disposals

    Buying, selling, dividing, or merging ownership of operating assets or the business as a whole? Our M&A lawyers can assist not only with transaction documentation but also with the due diligence process, warranty and indemnity insurance negotiations, and cross-border transactions.

    Joint venture

    Joint ventures involve two or more companies that are working towards a common goal. Whichever project you’re doing, our corporate lawyers can guide you through the planning and negotiation stage and then draft clear-cut and binding agreements to secure your position.

    If you need legal advice on a corporate advisory issue, please call us on +61 3 9052 3214 or email us at info@tnslawyers.com.au

    Frequently asked questions about corporate law

    Yes, consumer laws are there to protect the community as well as to promote fair trading and competition.

    Under the Corporations Act 2001, a company is a legal entity that performs all the functions of a body corporate, can sue and be sued, has perpetual succession, and can acquire, hold, and sell property.

    A partnership is a group of people who share the control, profit, and losses of a business.

    There are forms of insurance that are compulsory for Australian businesses, such as workers’ compensation insurance, public liability insurance, amongst a few. Talk to us! We have worked with many insurance brokers who will be able to assist you in this regard.

    There would definitely be consequences. For example, since a company cannot be incarcerated like individuals, it could be charged with hefty fines. On the other hand, the directors could be charged criminally (as they are the minds of the company).

    Why Choose TNS Lawyers

    We are rated 4.8 stars on Trustpilot and 5 stars on Google Business Profile.

    img-3

    We specialise

    We only do what we do best. We don’t dabble in areas that we don’t practice in every day.

    img-4

    We care about results

    We are results-driven. People say you should focus on the journey but we disagree. We focus on the results we get for our clients.

    img-5

    We personalise

    Ever wonder what it’s like being able to “phone a friend” and that friend happens to be your lawyer? We make sure you have a good experience with us every step of the way.

    Recommended Articles

    Photo by Ricardo Esquivel: https://www.pexels.com/photo/people-along-hallway-of-concrete-building-1666667/
    What is Insolvent Trading in Australian Law

    In Australia, business entities and companies, are generally governed by the Corporations Act 2001 (the Act). One of the Act’s …

    Photo of a glass jar with coins and a plant by Towfiqu barbhuiya on Unsplash
    Secured vs Unsecured: How Business Loans Work

    While business loans often finance the initial expenses of a startup, they can also be used for relocating and/or growing …

    people inside a mall in Melbourne AU by Heidi Fin
    What is a Franchise and How Does it Work?

    Franchising is an option to consider if you want to expand your business’ reach. For a fee, the business owner …

    img-9
    Protect Your Business: Understanding Trade Marks in Australia

    What is a trade mark? A trade mark is a sign used, or intended to be used, to distinguish goods …

    img-10
    How to Resolve Commercial Disputes

    Disputes, if not resolved quickly, often pose a threat to the continued success of a business. They can be a …

    img-11
    How to Transfer Shares Using a Sale of Share Agreement

    There are various reasons why shareholders may decide to sell their shares in a company: to retire, to start a …

    img-12
    What Insolvency Means and How It Can Affect You

    In the current economic situation, it’s not unusual for businesses to experience financial uncertainty. But what if it reaches a …

    img-13
    What to Know When Buying a Business in Australia

    Setting up your own business from scratch is tough work. That is why, sometimes, it is preferable to purchase an …

    img-14
    Employment Contracts and Why They Are Necessary

    Writing down the specifics of an employment arrangement is not just a legal recommendation. It also helps in protecting the …

    img-15
    What Is a Loan Agreement and Why Is It Important?

    Talking about money can be very difficult, especially if it involves borrowing or lending considerable amounts of it. However, if …

    img-16
    Why You Should Have A Shareholders Agreement

    Setting up a business with multiple owners? Drawing up a shareholders agreement is probably one of the most important documents …

    Purchase Money Security Interest
    Purchase Money Security Interest (PMSI) under the PPSA

    Purchase money security interest (‘PMSI’) – sounds ‘perfect’, doesn’t it? Priority rules decide which secured party ranks higher (and thus …

    img-18
    What It Means to Enter Voluntary Administration

    As of October 2019, the Australian Taxation Office (ATO) had an outstanding debt amounting to $45 billion. If government agencies …

    img-19
    5 Documents You Need to Start a Business

    Starting a business is an exciting process that can lead to incredible experiences, high profits, and success. However, in order …

    img-20
    The Minority Oppression Remedy

    Company law historically relies on the principle of majority rule. Board and shareholder decisions of companies are usually determined by …

    Our Services

    We provide specialist legal services in a range of areas

      Call Now Button