Business

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Services
Our Team
  • Starting a New Business
  • Employment advice and representation
  • Compliance and Governance
  • Succession Planning
  • Risk Management and Director’s Advice
  • Planning, Management and Governance
  • Securities and Financing
  • Mergers and Acquisitions
Tom Elvin Office 2

When you’re running a business the last thing you need is legal issues hampering your growth. Talk to us for sound advice and assistance with strategic planning, risk assessment, compliance, health and safety, employment, securities, financing and acquisitions. A little bit of forethought and planning now can save a lot of time and money later, and let you get on with growing your business.

Details of Services

Starting a New Business

It’s increasingly easy to incorporate companies in this day and age.

Almost anyone can do it at a very low cost. Unfortunately, unless the company has only one shareholder, such an approach may not provide the protection you need.

Ask anyone who’s been involved as a minority shareholder, or in a company dispute when the shareholders’ loans have been badly documented. They’ll almost certainly tell you they wish they’d had constitutions and shareholders agreements in place.

Get sound legal advice from the outset and make sure you’re protected.

Employment Advice

Dealing with the many employment law issues that arise in business or personal work situations can be tricky.

A good employment lawyer can help you with drafting or reviewing employment agreements to ensure they meet your needs, work you through the employment dispute or personal grievance process and assist you to respond quickly and pragmatically in a variety of different employment situations.

A failure to be aware of the legalities and process required of employers and employees in different situations can have significant implications including financial repercussions.

If you are an employer or employee and would like assistance in any area of employment law contact us for further advice.

Compliance and Governance

The current companies legislation is very flexible but a consequence is the increase
in compliance procedures. There are of course industry-specific requirements, but for
every business it all starts with good credit control.

Have you got sound terms and conditions of trade in place? Documenting processes
around health and safety is another one that’s too often overlooked, with potentially
serious consequences.

Compliance doesn’t need to be complicated but it does need your attention. Call
us now and let’s tick it off the list for you

Succession Planning

How well is your business protected in the event of an unforeseen tragedy or the
premature death of people in key roles?

Do you understand the impact of a minority shareholding in a company, on the
value of your investment?

Talk to us for advice on how to avoid potential conflicts and preserve value for the
next generation.

Planning, Management and Governance

When a business takes on a life of its own and you feel like you’ve got a tiger by
the tail, we can help you get things back under control. Our experience and
expertise in corporate governance allows us to offer strategic direction and an
outsider’s perspective.

We will help you strategise and put plans in place to grow your business in a
manageable way, taking into account things like risk management, finance
and compliance.

Securities and Financing

Successful businesses invariably need capital, whether it’s start-up costs or support
in helping the business grow.

We can help you access funding and attend to the necessary security
requirements, from small capital raisings or private investor placements to larger,
international financial sourcing.

Mergers and Acquisitions

We understand how hard it is to stay objective when you’re excited about a new opportunity. Let us take care of the legalities for you and we’ll make sure everything’s in order.

There are often complex matters that need to be addressed such as securities, tax, and risk management. We can work with you and your existing advisors to help you structure the deal.

Our knowledge and experience means you can relax knowing all your bases are covered.

FAQs

What is ‘Due Diligence’?

Due diligence is a process carried out by someone looking to purchase a business or enter into an investment opportunity.

The process involves looking at the financial and legal records of the business and any other relevant material to ensure that you know what you are buying. In the case of an investment, the potential investor would consider the prospectus or investment statement issued in respect of the investment as part of their due diligence.

Due diligence is a very important step in any business purchase transaction or investment decision. Mackenzie Elvin can assist purchasers with the due diligence process and planning irrespective of the size the business being purchased or investment being made.

What is the Personal Property Securities Act and how does it affect me?

The Personal Property Securities Act (PPSA) came into force in 1999 and the main purpose of the Act is to consolidate the law relating to the security of personal property such as motor vehicles, boats and fixed and floating charges previously registered at the Companies office. Interests are now registered on the Personal
Property Securities Register (PPSR).

Before you purchase a motor vehicle, boat or plant and machinery (in fact any part of property where you are paying good money for it) you should ask your lawyer to check the PPSR to make sure there are no other interests registered against the property you are looking at purchasing.

If you are in the business of hiring or leasing equipment or providing goods on credit, you need to register your interest in the goods on the PPSR to ensure that your interest in the goods is protected. Your terms of trade need to include provisions that will allow you to register your interest on the PPSR.

You could lose your rights to the goods if your terms of trade are not drafted properly, or your registration is incorrect or not lodged within the required timeframes.

Mackenzie Elvin can assist you with reviewing and updating your terms of trade, registration on the PPSR and with all other PPSA issues.

Why do I need a formal Terms of Trade document for my business?

You need terms of trade so that your customers know exactly on what basis you are supplying them with goods and services.

As a business owner your terms of trade form the legal contract between you and your customers. At the very least they should set out what your terms of credit are (if you are giving credit), such as payment being due on the 20th day of each month and setting out an interest rate if payment is not made.

They can also set out limitations on your liability for claims made in respect of the goods or services that you are supplying.

Will my legal expenses be tax deductible?

If they relate to a business activity then yes.

If the expenses relate to the purchase of a capital asset like a building, they may not be fully deductible in the year incurred. Instead they will be depreciated over the life of the asset.

What does ‘good faith’ mean in employment law?

In an employment context the term ‘good faith’ refers to two parties dealing with each other openly and honestly and taking active steps to enjoy a good working relationship. It applies between employers and employees, unions, unions and their members and so on.

In the Employment Relations Act the term is wider than an obligation of trust and confidence. Where an employer is making decisions that may have an adverse effect on employees they are required to provide the employees with access to the information and an opportunity to comment before a decision is made.

There is also a code of good faith that applies to collective bargaining.

What’s the difference between an individual and a collective
employment contract?

An individual employment agreement is one with an individual employee.

Collective agreements are with groups of employees and are most often (but not always) negotiated by a union.