As market leaders in commercial legal advice and services, we specialise in empowering small to medium businesses to achieve their professional goals using the law as a strategic tool.
We add the most value for our client in the following key areas of business:
Business purchases and sales
Buying or selling a business is a significant financial decision. We will help you protect your interests and ensure you are making the best decisions.
Business purchases
Acquiring a business requires careful consideration and close evaluation to ensure that all the details are taken care of and that you have proper financial protection. A business purchase lawyer can help guide you through every stage of the purchasing process. We can identify any potential challenges and work through them for the most favourable results by considering the vendor’s reason for sale, as well as the business’s:
- Key customers and suppliers
- Key assets and liabilities
- Current or past disputes
- Overall value
Business sales
If you plan on selling your business, we can help you determine if a sale is your best option and — if so — that you walk away from the process in the best financial position possible. Our business sale lawyers facilitate a smooth and seamless handover by carefully performing tasks such as:
- Compliance and due diligence
- Drafting and reviewing contracts
- Calculating the total value of your business
- Negotiating the terms of sale
- Exchanging the property
- Settling the finalities
If you are being forced to sell due to financial hardships associated with your business, our team will do everything possible to find other options and treat the sale as a final resort.
Exit planning and business succession
You’ve invested time, money and effort into your business — make sure you can reap the rewards when you choose to walk away. Our team of business advisors and lawyers will help you plan for a profitable future.
Business Structuring
Determining the right structure for your business is a crucial step to ensuring future success. Our small business lawyers will help you form a strong foundation for your enterprise with bespoke business structuring solutions so that you can focus on other important matters.
Business Structures
What type of business structure is most ideal for your needs and goals? We will help you understand the common structures and choose the perfect one so that you can start your business on a strong foundation.
Sole trader
Primarily for individuals who operate under an Australian Business Number (ABN), the sole trader structure is simple, flexible and cost-effective. It allows you — as the sole owner — to have complete control and management over your business. The most significant downside with this structure is that you are responsible for all the debts and liabilities of the business.
Partnership
Ideal for instances when two or more partners are forming a business, a partnership is a versatile, inexpensive and easy-to-form business structure wherein each partner is jointly responsible for the debts and liabilities of the partnership.
No matter how well you trust your partners, it is important to enlist a lawyer to create a partnership agreement that outlines the terms and management of the business. Doing this will not only clearly communicate each partner’s role in the business; it can also help avoid messy problems later on.
Company
Because a company is a separate entity from the owners and directors, this structure is ideal for large or fast-growing businesses. Once created, a company will issue shares to owners and directors who are appointed to manage the business.
Advantages include limited liability for shareholders, great expansion potential and diffusion of risk. Disadvantages include higher setup and administration costs, complex reporting and increased regulations.
Trust
A trust is a legal structure wherein a trustee holds property and earns and distributes income to certain beneficiaries. While trusts require rigid operation systems, are expensive to set up and maintain, and are restricted by the trust deed, they do have their benefits.
Trusts offer greater privacy and significant tax benefits such as asset protection and income splitting, making them an appealing business structure for certain entities.
Shareholders' agreements
A shareholders’ agreement is a legal document created to define the rights and obligations of the company’s shareholders. It is designed to protect the company as a whole by addressing potential issues and planning on how to handle them before they arise. A shareholders’ agreement helps protect your investment and is a necessary step to securing the safety and future of your business.
Our team of small business lawyers in Sydney are experienced in creating clear and thorough shareholders’ agreements. We understand that each shareholders’ agreement is unique. Therefore, we pay close attention to your business’s unique needs and goals as we draft, negotiate and review your agreement and advise on:
- Shareholder roles and responsibilities
- Exit strategies
- The price of any share sale or purchase
- Restrictions regarding competition from outgoing shareholders
- The percentage of shareholders’ approval required to veto certain company decisions
- Shareholders’ indemnity
In addition to shareholders’ agreements, our team is happy to help draft or review other agreements, including share subscription agreements, share vesting agreements, buy/sell agreements and employee share schemes.
Should disputes arise regarding your shareholder agreement or other contracts, you will want to employ H+A Legal, the best small business lawyers in Sydney, to ensure the matter is resolved quickly and favourably.
Company registration
Registering your company with the Australian Securities and Investments Commission (ASIC) is an important step to legitimising your business. Our business advisors are on hand to assist with:
- Company registration and acquisition of an ACN (Australian Company Number)
- Applications for company name reservation
- Company name and domain name registration
- Australia Business Number (ABN) applications
- GST and PAYG withholdings registration
- In-depth research into existing company names, trademarks and domains
- Determining the correct business structure
Additionally, our commercial contract lawyers are available to prepare shareholders’ agreements, employment and contractor agreements, and other key company contracts, constitutions and agreements.
Business terms & conditions
A professional compilation of business terms and conditions are essential to protect you and your business in the unfortunate case of a dispute. Your terms and conditions are dependent on the type of business you operate and can include:
- Sales terms and conditions for e-commerce and online businesses
- Client agreement or service terms and conditions for service-oriented businesses
- Marketplace terms and conditions for marketplaces seeking to establish the terms of their relationship with both suppliers and consumers
No matter your industry or sector, we have the right business lawyer in Sydney to assist in drafting and polishing your business terms and conditions to ensure that they meet your specific needs and remain compliant under Australian Consumer Law.
Discretionary trusts
Discretionary Trusts are asset ownership arrangements that help protect personal assets from company debts or liabilities. If you are a company director, we can help you determine if a discretionary trust is the best way to safeguard your personal assets.
What Next?
If you are wondering where to hire a small business lawyer near me, don’t hesitate to reach out to our team at H+A Legal today. From professional buying business lawyers to expert advisors, we employ a range of skilled lawyers to offer a comprehensive range of services that will add benefit to your business.
Browse the FAQs below or contact us today for more information regarding our business law services in Sydney.
FAQs
How much does a business lawyer cost?
Many law firms offer a variety of fixed-fee structures for certain services, such as drafting agreements or lodging applications for your business, so you know exactly how much you will be paying upfront.
Your business lawyer may charge an hourly rate, especially for services such as litigation and other matters where there is no certain time allotted to the scope of work. Hourly rates vary drastically, depending on the service and your lawyer’s education. You can expect to pay anywhere from $200/hr for a paralegal to more than $600/hr for a senior-level lawyer.
We strive to offer functional pricing solutions with a mixture of fixed-fee and hourly pricing options that are tailored to your unique needs and circumstances. Learn more about our pricing and subscription service here.
How can a lawyer help my small business?
Whether you are a startup or a business veteran, a small business lawyer is one of the most important people to have on your team. Our lawyers assist with everything, from business formation to settling disputes. We help ensure that your business remains compliant with local laws and regulations so that you can focus on other important matters.
What is the difference between a corporate lawyer and a business lawyer?
Corporate law is primarily concerned with the purchase and sale of items and the interests of the corporation. Business law encompasses a broader range of legal matters and focuses more on business owners and operators. While business lawyers work with businesses of all sizes, corporate lawyers are more likely to be found working with larger entities.
What does a small business lawyer do?
A small business advisor and lawyer can assist with a variety of matters pertaining to your business. This includes services such as:
- Assisting with business formation or dissolution
- Protecting your intellectual property
- Drafting contracts and other documents
- Negotiating disputes
- Ensuring your business remains compliant
- Offering profitable advice and guidance to grow your business
- And more
When should you hire a business lawyer?
The earlier you hire a lawyer, the better off your business will be. A high-quality business lawyer such as those at H+A Legal can provide professional assistance in nearly every aspect of your business, significantly reducing your hassle, risk and time investment.
