“Business- acquiring – owning – succession / selling”
SPG Lawyers have been acting for many small and medium sized business owners, family owned businesses and larger organisations for more than fifty years.
No matter the industry, if a business can be bought or sold, chances are that we have the expertise to be able to guide you through the process.
Whether you are starting out with a web-based business or multiple interrelated businesses, we are happy to act for budding and current business owners.
All businesses present challenges, whether they relate to tax, liability, insurance or asset protection.
It is our combination of knowledge, expertise and enthusiasm that allows us to act as trusted advisors to our clients, and ensures business transactions, whether buying, structuring, planning or selling, progresses smoothly.
We are all about adding value for you, in order to ultimately save you time, minimise risk and thereby increase profit, and our goal is to ultimately build a long term relationship built on trust.
We are always happy to discuss and outline fee arrangements; and endeavour to work with clients to ensure our clients have a clear understanding of likely costs and expenses, and that we are providing what our clients expect, in order to provide great value.
We are constantly acting for various types of businesses. As an example, some recent transactions we have assisted our clients with include:
- acquiring a series of pubs, clubs and restaurants;
- acquiring a large Resort including various leases, licenses and associated businesses;
- disposal of businesses to ASX Listed Corporations including incentive schemes and structured buy-outs;
- acting on the sale and disposal of rent roll and professional service businesses;
- specialty transactions such as Post Offices, Registered Training Organisations (through equity acquisition) and businesses requiring particular authorities or licenses;
- re-structuring basic or complex business models to provide greater efficiency.
Services we offer
For existing business we can provide advice and guidance on various matters including:
- contract terms and conditions (eg supply terms or terms of trade);
- website terms and conditions;
- intellectual property / trademark and designs;
- dispute resolution/ debt collection;
- employment law issues;
- lease preparation, negotiations and extensions;
- establishing a franchise;
- statutory compliance; and
- re-structuring and estate / succession issues/ buy sell and shareholder arrangements.
If acquiring a business, some of the services we perform are:
- work with your accountant on financial matters including the structuring of the entity;
- can prepare share and unitholder agreements, buy sell and partnership agreements;
- can assist with contract preparation and drafting of special conditions;
- undertake legal due diligence to ensure you obtain unencumbered title to the business, intellectual property of the business and its’ other assets;
- review and advise upon premises leases and retail and commercial lease matters;
- work with your financier as required;
- assist on licencing and other regulatory matters;
- complete stamping and registration of documents where required; and
- assist you post completion with your legal requirements;
all to ensure the acquisition proceeds smoothly.
If you are selling a business we work with you from the initial marketing phase through to completion. Throughout the process, some of the tasks we assist with are:
- prepare non disclosure and confidentiality agreements;
- review current business arrangements and work with you in order to identify any critical barriers to a smooth sale;
- draft the contract and suitable special conditions;
- liaise with any selling agent and the buyer’s lawyers in order for the contract to be executed as soon as practicable;
- ensure that the business and business assets are transferred to the buyer as required by the contract;
- assist with obtaining any required consents to sell the business or business assets;
- assist with calculation of adjustable items including advise on employee entitlements arrangements / transfers. and co-ordinate with you and other parties to achieve completion;
- prepare and co-ordinate the settlement.