Business and commerce has a life cycle. From start-up, running, growing to selling, our experienced and specialist commercial team ensure your business receives sound, practical commercial and business legal advice. Like you, we see your business as an investment and we love watching our clients’ businesses grow. As a small business, we appreciate the pressures, constraints and competition for your time and resources. With any business decision, there is often a range of options. We go over the options with you to select the course of action that suits you, your business and your resources. Consult with us.
Deciding to buy a business is something not to be taken lightly. It’s essential you get the right legal advice to make the right decision.
Long before signing the agreement, the process to sell commences and those early steps should be considered to get the business ready for sale.
It’s important, whether buying or selling a business, to have the ability to carry out proper due diligence and form a team of professionals to assist to ensure comprehensive advice is obtained and which includes asset values, trading history, resource management issues, leases, marketing, and competition.
It is critical that the right business structure is setup to match your commercial requirements as this has impacts on: start-up costs, taxation and your legal obligations. Most small to medium businesses opt for the limited liability company as they are cost effective to incorporate and provide a significant degree of limitation of liability from business creditors.
Once a company is formed there are shareholder and director matters to consider and the potential for shareholder disputes. It’s good to reach an agreement on how disputes may be dealt with in advance of a dispute including whether mediation can be an option due to its success, speed, privacy and cost efficiency.
Longer term leases can be extremely beneficial to a tenant as it provides a business with security as to location and helps to maintain strong, local customer bases. However there are also complexities and complications that can have long-term disadvantages. All commercial leases should be reviewed by tenants prior to signing. Similarly, landlords ensure your lease is strong in the long term. Consult with us.
Franchise businesses are a popular method of business in New Zealand and require specialist franchise lawyers. Our network of reputable professionals, includes specialist franchise experts.
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Many franchise systems are “premises based”, which means there is likely to be a lease or licence which provides the franchisee with occupation rights.
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Leasing is a huge component of some franchise businesses and is often a serious, long-term commitment.
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We can advise you on your rights and obligations and assist with the dispute resolution process. We can advise you on the best way to protect your intellectual property, the best structure to use and can assist with trademark applications and drafting of licence agreements.