Successful businesses are built on the foundations of a strong legal framework. In the start-up phase, funds are often limited, and the temptation is to offer equity in exchange for funding and services. Before you head down this path, come and speak with us about alternatives that may be better for your business in the long term.

During your start-up phase, we can assist you in the areas listed below. Wherever possible, we will advise you of self help resources to minimise your set up costs and will provide you with fixed fees so you can set a budget for our services.

CHOOSING YOUR LEGAL STRUCTURE:

It is important from the outset to determine the most appropriate legal structure for your business (company, partnership, trust, joint venture, sole trader). Once you commence business it can be costly to change your structure. Determining an appropriate structure will depend on your stakeholders, your asset protection needs and other financial and tax considerations.

ESTABLISHING YOUR LEGAL STRUCTURE:

Establishing your legal structure may involve incorporating a company, setting up a trust or partnership, registering a business and domain name and registering for GST. We can direct you to and guide you through the many self-help resources available to enable you to do much of this work yourself.

We can assist you with important legal documents such as trust deeds, shareholder, partnership and joint venture agreements. Again, there are many precedents available, we do not need to reinvent the wheel but can help you tailor these to your circumstances.

OPERATING YOUR BUSINESS:

You will require several legal documents to operate your business, including; trading terms and conditions, website and privacy terms and conditions, non-disclosure agreements, IP assignment, employment and independent contractor agreements. At the risk of being repetitive, there are many precedents available, we do not need to reinvent the wheel but can help you tailor these to your circumstances.

If you are entering into complex legal documents such as leases, mortgages, IP development and royalty agreements, bank guarantees and personal guarantees, we recommend that you avoid self-help and seek legal and tax advice before entering into these.

HOW TO AVOID GIVING AWAY TOO MUCH EQUITY OR CONTROL:

Setting up appropriate classes of shares with various vesting and voting rights and utilising loan agreements will enable you to obtain funding and services during the start up phase without giving away too much capital or control. We can assist you to achieve this.