As a business owner, your selection of a business structure is one of the most important decisions you will make when starting up a business. Every business is unique and each business and business owner has their own specific needs and goals.

That is why at GMH Legal we work clsoely with you to help you decide which business structure is best for you and advise you on the legal implications of a particular business structure. We consider the options and have the expertise to assist you in all aspects of business structures including:

• Sole trader set-up
• Partnerships
• Joint Ventures
• Limited liability companies
• Family/discretionary/unit trusts
• Mergers and acquisitions
• Business succession planning
• Tax effective business structuring

Company Incorporations

Deciding to incorporate a company is often a complex decision. At GMH Legal we can help advise you and fully undertake the process to incorporate your company. We ensure that all the necessary registrations, planning and documentation is taken care of as well as adopting a company constitution appropriate for your business and industry.

If you would like to incorporate your company or unsure whether you should do so, contact GMH Legal and we can provide you with the best possible advice helping you achieve your financial and personal goals.

Company Reconstructions

Business restructuring can be a technical process and often involves the transfer of business assets and control. Deciding on company structures can have considerable implications.

At GMH Legal our experience allows us to provide you with accurate, professional and cost effective advice personalised for your individual and company needs.

Formation and Dissolution of Partnerships

A Partnership can be formed where more than one person or entity makes a business venture with a view to make a profit. Partnership agreements binds others in the partnership and are regulated under the Partnership Act 1892 (NSW).

GMH Legal makes sure that you are advised on every aspect of a partnership proposal and fully undertakes all the processes required to make effective a partnership agreement including drafting contracts, registrations and ensuring that all regulations are complied with.

GMH Legal can also dissolve any partnership agreement and ensures that your rights and interests are preserved after the dissolution.

Purchase and Sale of a Business

Buying or selling a business is one of the biggest decisions a business owner can make. That is why at GMH Legal we have the requisite skills and experience to advise you on your sale or purchase of a business and make sure that any pitfalls are avoided and that the buy/sell agreement is legal, binding and in favour of you.

GMH Legal can assist, among many things:

• Transfer of assets;
• Title transfer;
• Licenses and permits;
• Payments and payment structures;
• Existing leases and other rights;
• Employee contracts and benefits;
• Full disclosure of relevant information;
• Patents, trademarks and trade names;
• Litigation claims.

Contract Drafting including Commercial, Joint Venture and Partnership Agreements

Whichever the business or company structure, GMH Legal ensure that our clients are advised as to their interests and rights when coming to form business related agreements. Our skills and experience allows us to avoid any common shortfalls in agreements which our clients enter into.

If you are wanting to enter into a business related agreement, contact GMH Legal and we can help make sure that your rights are protected and that you achieve your business goals in the most effective way.

Drafting Guarantees, Mortgages, Charges and other Security Documentation

At GMH Legal, we advise and draft documents in relation to all types of finance, loan and security documents including mortgages, guarantees, charges and loan agreements.

We also advise and assist in relation to the enforcement of securities including issuing and pursuing court proceedings.

Trusts – Unit and Discretionary Trusts

Discretionary family trusts are commonly used by businesses which are not large in Australia. It allows members of a family to share around the tax impositions in order to maintain the most tax effective structure possible for the family as a whole.

A unit trust on the other hand, is a trust in which trust property is divided into a number of defined shares called units. The beneficiaries are allocated for these units in the trust. Unlike a beneficiary of a discretionary trust, a unit holder in a unit trust can have a proprietary interest in that property commonly being a proportion of the unity property of the unit trust.

Choosing the right type of trust for your circumstances is crucial and we at GMH Legal have the skills and professional experience to advise you as to which is most suitable for your business and personal needs.

If you have any queries about these types of trusts, please do not hesitate to contact us at GMH Legal.