Commercial Contracts
Perth Commercial and Contracts Lawyers
We Help to Protect Your Rights and Reduce Legal Risks Through a Professionally Drafted Commercial Agreement
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Commercial Contracts Services
Shareholder Agreement
A shareholder agreement is a contract governing the relationship and business arrangements between shareholders of a company. It is a legally binding document.
The content of a shareholder agreement varies depending on your needs and circumstances. As such, each shareholder agreement is tailored for the size of your company, the number of shareholders and what you are seeking to achieve.
If you do not have a shareholder agreement, this can be problematic especially if you have a dispute or deadlock between the shareholders. We have seen cases where this can result in the business going into a trading halt as a result of a dispute.
West Perth Legal can assist with drafting a legally binding shareholder agreement; assist with updating a shareholder agreement; or provide advice on the operation of the agreement. We can also assist with drafting Shareholder Meeting Minutes, Shareholder Accession Deeds, Share Certificates and Resolutions of Members.
Share Sale Agreement
A share sale agreement is used when a shareholder of a private company sells its shares.
The need for a share sale or purchase agreement arises when parties enter into negotiations relating to a sale of a business via selling the shares. Whether you are the seller or purchaser, it is important to have the interest protected via a properly drafted agreement.
A share sale or purchase agreement should include elements such as price, the number of shares sold, completion date, how the price is paid, warranties, purchase price adjustments, post completion restraints on the seller, and indemnity.
Sale of share agreements are often complex and it is important to have one customised for your transaction. West Perth Legal can assist you with a purchase or sale of a business either via sale of shares or sale of assets.
Partnership Agreement
A partnership agreement defines the rights and obligations of the partners between themselves subject to the Partnership Act 1895 (WA) and the Limited Partnership Act 1909 (WA) in the case of limited partnership.
A partnership is an association of individuals or entities for the purpose of carrying on a business venture or business activity in common with a view to profit. A partnership is not a separate legal entity and as such, all assets of the partnership are owned by the partners jointly or in such proportion set out in a partnership agreement.
West Perth Legal can assist you with drafting a partnership agreement.
Trusts
West Perth Legal can assist you with structuring your business or investments through discretionary trusts, family trusts or unit trusts.
Trusts can be used as a tax minimisation strategy; as a means of providing shared income for family members; to minimise the risk of creditors making a claim against your assets; and to place valuable assets out of the direct control of individuals at risk of making poor decisions that may affect a number of stakeholders involved.
West Perth Legal can assist you with:
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- Drafting trusts
- Reviewing trusts to ensure they comply with financial and trust-related legal requirements
- Advice for your accountant to make suitable arrangements
- Advice for structuring your trust in ways to minimise the chance of claims being made under family law or debt recovery proceedings.
Joint Venture Agreement
A Joint Venture Agreement is an agreement between two or more parties pursuing a joint undertaking with a view to mutual benefit. A joint venture is a popular arrangement used in the mining and property industry. It is typically entered into before commencement of feasibility studies, due diligence studies or before funding is committed.
The key terms of a joint venture should be set out in a written agreement. West Perth Legal can help you set up an unincorporated joint venture via a joint venture agreement, or an incorporated joint venture by setting up a company, and drafting relevant documents such as company constitution, and shareholder agreement. We can also provide advice on which type of joint venture is most suitable to your situation.
Loan Agreement
A loan agreement is an agreement between the borrower and the lender and includes information such as how the money is to be lent, the purpose of the loan, repayment information, and what happens in the event of a default or dispute.
A loan document can be simple or complex depending on your situation.
A properly drafted loan agreement is a legally enforceable document, and it provides certainty.
The loan agreement will clearly spell out the terms of the loan and protect the interest of both parties should there be a default or dispute. This is especially important if the lender expects the loan to be repaid in full and on time.
Furthermore, a lawyer can provide advice on additional measures a lender can take to increase the chance of loan recovery.
Employment Agreement - Part/Full-Time/Contractor
An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment.
West Perth Legal can assist you with drafting an employment agreement in accordance with federal or state legislation, with terms that suits the size of your business and needs.
We draft employment agreement for both permanent employees, and contractors.
Independent Contractor Agreement
An Independent Contractor Agreement is an agreement documenting the terms and conditions when an Independent Contractor is hired for their expertise to complete a specific task.
An independent contractor agreement includes details such as scope of work, milestones, hours of work, period of hire, contractor obligations, confidentiality, contract variation, liabilities, dispute resolution, invoicing arrangement and payment terms.
Having an effective Independent Contractor Agreement is especially important in ensuring the parties have a mutual understanding of what is exchanged. From a hirer’s perspective, this will minimise any delays or over expenditure. From a contractor’s perspective, this will provide clarity around their responsibilities and certainty over payment terms.
Mortgage and Security Documents
A mortgage arises when the lender lends money to a borrower for the purposes of borrower purchasing a property. It is therefore prudent for both parties to protect their interest via legally drafted mortgage documents, and provide additional protection via security documents.
West Perth Legal can assist you with the preparation and negotiation of mortgage and security documents including:
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- Loan Agreements
- Mortgage Documents
- Security Documents
- Mortgage Debentures
- Guarantee and Indemnity Deeds
- Registering Mortgage Documents with relevant government department
Vendor Finance Agreement
Vendor finance is a form of lending when the vendor (seller) lends the borrower money for the borrower to use to buy the seller’s product or property. The terms of such arrangement is documented in a vendor finance agreement. It often forms part of a sale of business or sale of property.
Vendor finance is often used when the buyer has issues getting a bank loan for the purchase, or if the seller is unable to get the price its looking for from other buyers. As such, vendor finance comes with its financial risks and it is important to have the arrangement documented.
Vendor finance agreement is often required as part of a transaction involving the transfer of an asset or property. It is important to speak to a Lawyer to ascertain which legal documents you need for your transaction. For vendors in particular, it is important to consider taking security over the asset, and entering into a Deed of Priority so that the vendor has priority against third party lenders.
Distribution Agreement
West Perth Legal can assist you with drafting a standard or bespoke distribution agreement.
A distribution agreement is an agreement between the supplier or manufacturer and distributors. It gives the distributor the right to distribute goods or services to clients in a distinct territory.
Generally, the distribution agreement details the product to be distributed, the territory the product can be distributed, the appointment of the distributor and obligations of each party relating to the sale, marketing and distribution of the product.
Other/Bespoke Agreement
The agreements listed on this page is not an exhaustive list of commercial agreements available. Please contact us to discuss your needs or if you require a bespoke agreement for your commercial arrangement.
Perth Commercial Lawyer
We have helped hundreds of clients with their commercial legal needs.
Contact us for an obligation free quote or speak to our commercial lawyer for a confidential and complimentary discussion.
