Category: Blog
Selective Share Buy-Backs Explained
Overview A selective share buy-back is where a company only buys back shares held by a specific shareholder. This is different from an equal share buy-back where the company buy-back shares from all ordinary shareholders in proportion to the number of ordinary shares they hold. A selective share buy-back involves a reduction in capital, and…
Selling Shares In A Private Company In Australia
Overview 1. Selling their shares to existing shareholders (or failing that, external third parties) (known as a “share sale”); or A shareholder may exit private company by: 2. Selling their shares back to the company (known as a “share buy-back”). The key difference between a share sale and a share buy-back is that in a…
Trade Mark Registration Explained
1. Trade Mark Scoping 1. Choosing the type of trade mark 2. The trade mark owner 3. Goods and services 4. Conflict searching 1/Choosing the type of trade mark (a) A trade mark may be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent, or…
Giving Financial Assistance Under The Corporations Act
Overview A company may only financially assist a person to acquire shares in the company if the company complies with Part 2J.3 of the Corporations Act 2001 (Cth) before proceeding with the transaction. The most common example of a company giving financial assistance is where the company gives a guarantee or indemnity and grants a security interest…
Restraints of trade the ultimate guide
Introduction What is a restraint of trade? Restraint of trade clauses can be categorised into: 1. Non-compete clauses. 2. Non-solicitation clauses. 3. Trade secret / confidential information clauses. Restraints of trade are relevant at all stages of the business lifecycle, including when 1. Employing people or engaging contractors. 2. Buying or selling a business or…
Employment law: The Ultimate guide for Startups and Small Businesses
Introduction Employment relationships are governed by: 1. The Fair Work Act 2009 (Cth); 2. Any applicable modern award; 3. Any applicable enterprise agreement; and 4. The individual employment contract (which may be written or oral). Types of employees Employees may be employed on: 1. A full-time basis; 2. A part-time basis; 3. A fixed-term basis…
