Solution Brief: ‘Hybrid Securities’
‘Hybrid securities’ are a broad group of securities that combine elements of both ‘debt’ and ‘equity’. They provide both businesses and investors with the ability to more accurately satisfy their funding and investment needs Hybrid securities have the characteristics of both “debt” and “equity”. They allow the creation of financial instruments offering investors varying degrees […]
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: 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: Incorporating Testamentary Trusts into your Will
Budget Update Notice: The 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative process progresses. If you are making a decision based on […]
How to Deal With A Dishonest Power of Attorney in NSW
It is increasingly common practice to have a Power of Attorney drafted alongside your Will. Most people wish to ensure that, should they become incapacitated, someone whom they trust will be able to sign documents for them and make informed decisions about their financial affairs. It makes good sense. Generally, Powers of Attorney are not […]
Redundancies and Recourse for Executives
Unfortunately, in the course of your employment, things won’t always go your way. Although you might have worked incredibly hard throughout your career to reach an executive position, sometimes a business will undergo organisational changes which mean that they offer you a redundancy. You may feel hard done by in these circumstances, but it is important to understand your entitlements, and the limitations of your circumstances.
6 steps to a successful redundancy
Redundancies come with a unique set of rules that must be followed carefully. Failing to do so puts employers at risk of facing an unfair dismissal claim from their employees. Get informed and protect your business by following these steps.
Have your founders assigned their IP to your enterprise?
As the founder of an enterprise you must ensure that the legal entity you set up to exploit your business concept owns all of the IP associated with the concept. This includes the IP that is created directly on behalf of the company, but also any IP created by parties outside the company or in the time period before the company was formed.