For any business owner, they need to think about their eventual exit in order to maximise the return they get from the business. A business owner should regularly review and assess the business through the eyes of the potential buyer. We set out below some of...
A common dilemma facing purchasers of property is what to do when the seller fails to fulfil their contractual obligations prior to completion. A purchaser's response will often be dictated by market conditions, for example, in a rising market (such as we are in at...
A company constitution does not adequately protect shareholders in the event of a dispute between members. It is not compulsory to have a properly formulated Shareholder Agreement but it is highly recommended for all companies. When a person is entering into a business relationship by way of...
Retail and commercial leases normally include provisions setting out the tenant's specific insurance obligations. Typically a failure to adhere to these obligations will result in a breach of the lease. Additionally, most leases require the tenant to 'indemnify' the landlord against certain losses or occurrences...
An essential component of a lease is that the tenant have 'quiet enjoyment' of the leased premises. The concept of 'quiet enjoyment' distinguishes leases from licence agreements. While most commercial leases include a specific provision granting the tenant 'quiet enjoyment', the right is in any...
Process to be followed to minimise claims for unfair dismissal. Many people are of the view there is a legal requirement that you have to give employees three written warnings before you are able to terminate them, commonly known as the 'three strikes and you're out'...
Read the Solari & Stock Newsletter - February 2015 here. Want to subscribe to our Newsletter? Email us today!...
A South Australian case has highlighted issues which can arise if a contract has not been correctly signed. It raised the question of whether a director who purported to sign a contract on behalf of a purchaser company can be personally liable for damages to...
Read the Solari & Stock Newsletter - November 2014 here. Want to subscribe to our Newsletter? Email us today!...
In some commercial dealings, having two directors sign a document or asking for a copy of a board resolution in order to verify that a representative is authorised to bind the company is not always practical or possible. In some circumstances you may be able to...