Changing the structure of a business is not uncommon, especially when things change and the present structure is no longer useful or satisfactory. For instance, if you started out as a sole trader and your business expanded so rapidly you decided to take on a partner to help with the work, or even to just provide more finance. You would then need to restructure the business to be a partnership.
But there are many other reasons why you may be considering restructuring and there are things to consider before going ahead.
It’s important to seek legal advice from a suitable corporate lawyer and then be clear with your instructions about why you need to restructure so you can be sure that this is the best way forward and it will meet your future needs better than the present structure.
Know your options and the implications of each one. There are tax and other implications with each type of business structure, so these must be taken into careful consideration to ensure the new structure is right for your goals.
Everyone should have a Will. If they don’t they can’t be sure that their assets will be distributed according to their wishes. It will also cost a lot for the court to decide how to distribute the assets and this means even less for the family once the decision is made. Family lawyers will tell you there are several ways to make a Will.
You can simply write down clearly who of your family and friends should get what on a piece of paper and have it signed by two witnesses. This is a legal Will, but it can get lost unless you put it in a safe place. It can also get stolen and may even be changed. If you do write a Will like this it can be stored for free in the Public Trustee’s WA Will Bank, or leave it in your safe or a safety deposit box. The key to the box should also be kept safe.
If you are going to apply for a divorce, it is essential to make arrangements for the care and safety of your children. Family lawyers will advise you on the best way to go about it, because each case is different depending on certain factors. While there must be a separation of 12 months before you can apply for a divorce, often this can be one where both spouses continue to live in the same home and it is not until the divorce is final that one partner moves out.
This is when the children will feel the divorce most keenly as they will then be deprived of one of their parents to a great extent. It is essential that safe care arrangements are made and this will depend on who applies for custody and whether that custody will be a 50/50 arrangement for their ongoing care or whether one spouse will have most or all of the decision making.
When you run a business you’ll most likely have a lease for the property. Most leases are drawn up to favour the landlord so it is important to fully understand all the implications of the many clauses before you sign a corporate lease. Experienced property lawyers are the best ones to give you advice on leases and it is totally worth the cost of hiring one to examine your potential lease and ensure it is a good fit for you and your business.
Most leases contain many clauses about a varied number of topics. Many of the clauses are negotiable if the landlord is willing, but not all are. If your potential landlord is not willing to negotiate on any point, it might be best to look elsewhere for your business premises, because some of those clauses are very likely to cost your business money – maybe even enough money to send you broke.
If you own a business you will have to sign a lot of contracts. There are many different types of business contracts and commercial lawyers are needed to ensure you are not signing something that will adversely affect your business or your ability to run it. People agree to contracts in all their daily buying without even realising it. Such contracts are not signed, but include a clause that by doing business with the company you agree to the terms of the contract.
This can be as simple as setting up a bank account or buying a book online. It is in place when you purchase groceries or go to the doctor or dentist. Most people don’t even read these contracts and it doesn’t really matter most of the time. It simply protects the business in some way.
When it comes to setting up and running a business, if you don’t know the legal requirements you have to comply with, you are likely to attract a fine. While there is help to be found online, understanding all the fine details is sometimes very difficult. It is far better to consult with lawyers who can explain it all to you in layman’s language and who can help with many of the problems that may arise.
All businesses have a budget of some kind they need to stick to. The budget does not usually allow for paying fines that in some cases can run into many thousands of dollars. In addition, when you don’t do something that is a legal requirement, fixing it can be time consuming. This means your business will not get up and running to your timeline and your time and attention must go to fixing the legal problem instead of working on your business.
Instead of risking this kind of delay, keep your business lawyers on hand so they can do all the legal work to ensure your business complies with all the rules and regulations needed for that particular kind of business. These differ according to the kind of company you have set up, as well as which business sector you conduct business in and even how big your business is, which is why it is more difficult for the business person to work out which apply to their business.
If you are in a failed relationship and want to apply for divorce there are several ways in which to find help. First and foremost you may want to consult with family lawyers who are experienced in divorce and can tell you everything you need to do. In fact, they will do most of the work for you. You only need to instruct them to do it and add your signature to the forms.
It often helps to talk to a neutral third party when you have been under the kind of stress that a breakdown in relationship usually results in. Having someone explain what you need to do and offer their help can mean the difference in whether you cope with your divorce and come through it successfully, or whether you flounder in a sea of hopeless depression caused by not being able to make decisions or not know what decision would be best given a specific circumstance. Sometimes you just need someone who you can trust to be on your side to advise you.
If you have been charged with a serious traffic violation and have to go to court, the best defence is to get help from criminal lawyers. However, this will cost you and not everyone can afford it. In fact, you can consult with the lawyers without having them appear in court. Sometimes people decide to defend their case on their own.
It is much easier to appear without a lawyer if you are going to plead guilty. While a lawyer may be able to offer evidence or speak on your behalf in a way that may reduce the penalty, there is still the fact that the court must at least apply the minimum penalty and cannot go below that. But they can also apply a maximum penalty.
Once a marriage has completely broken down, one or both parties usually file for divorce. It is a good idea to talk with good family lawyers to find out the best way to proceed. Most will tell you that there must be a separation of 12 months before you can start divorce proceedings. In fact, this cannot be done until 12 months and one day after the separation.
Fortunately for those people who would find it financially difficult to live somewhere else, a couple can be legally separated while still residing in the same home. The court may require proof of separation and this can be given in several ways.