Solution Brief: Raising Money in Australia
People seek to raise capital in a number of different contexts. In its simplest form, people ‘pool’ their capital with others to carry out a particular venture (for example, to buy a property or start a business). More sophisticated structures may involve setting up a unit trust to hold an asset or raising money into […]
Solution Brief: Tenancy-in-common property ownership disputes
Tenancy-in-common ownership gives each co-owner title to and control over a fixed interest in real property. This makes it a flexible and autonomous way to own property. But what happens when the co-owners don’t agree? We discuss some options below: Option 1: Enter into a Co-ownership Agreement The co-owners may also wish to consider entering […]
Solution Brief: Corporate Governance – Members, Boards & Managers
This Solution Brief outlines the respective roles and responsibilities of members (or owners), the Board of directors and managers. Members (owners) The people who own the ‘equity’ in a company are commonly referred to as shareholders or members. The members of a company exercise ultimate control of the company through their right to appoint and […]
Solution Brief: Constitutions
When people go into business together, it is common for them to enter into a Shareholders’ Agreements to govern how they will own and administer their company. Our preference is to use a company’s Constitution as the primary instrument to regulate the affairs of a company. Our reasons for this include: Simplicity A Constitution provides […]
Solution Brief: Company Powers of Attorney
How can a company execute a document if some or all of the directors and/or secretary are not available? There are many occasions where it is not possible for a director, directors, or a company secretary to be available to make decisions or execute documents to which the company is to be bound. Executing Documents […]
Solution Brief: ADLV Law Acting as your General/Enduring Attorney
Sometimes it’s not convenient (or possible) to carry out legal transactions or make financial decisions for yourself. For example, if you are interstate or overseas, it may not be convenient for you to sign legal documents or complete a legal transaction. If you lose your mental capacity, for example if you suffer a brain injury […]
Solution Brief: How effective is your Enduring Power of Attorney?
Most people understand the importance of making an Enduring Power of Attorney. If you are not able to make financial decisions for yourself, your Enduring Attorney can step into your shoes and keep things in order on your behalf. However, not all Enduring Powers of Attorney are created equal. In fact most standard documents are […]
Solution Brief: Enduring Powers
Take control over who makes decisions on your behalf. Powers of Attorney A ‘Power of Attorney’ is a legal document which appoints one or more persons to look after your financial affairs on your behalf while you are still alive. This is why it is sometimes called a “Living Will”. Powers of Attorney come in […]
Solution Brief: Enduring Guardian (NSW)
Who will make decisions about your health and welfare when you can’t? Who would you prefer to make decisions about your health and welfare if you become ill and can no longer make those decisions for yourself? A trusted friend or relative, or a government appointed administrator? An Enduring Power of Guardianship is a legal […]
Solution Brief: Information for an Enduring Guardian (NSW)
What are your powers and responsibilities when acting as an Enduring Guardian? An Appointment of Enduring Guardian is a legal document by which a person (the ‘Donor’) appoints someone else (the ‘Enduring Guardian’) to make medical, personal and lifestyle decisions on the Donor’s behalf when they are not capable of making the decisions themselves. Enduring […]