Our Services
As a boutique style agency, senior lawyers with a wealth of experience and expertise are available at far more affordable rates than at the big end of town. Collaborating with accountants, real estate agents, financial planners, business, mortgage and insurance brokers means MCL is a one-stop-shop for business and commercial transactions.
Leasing – Commercial, Industrial & Retail Property
It is essential you seek advice before signing a Letter of Intent or a lease of premises. Many of these types of documents do not allow you to negotiate the terms and conditions of the actual lease leaving you stuck with uncommercial terms. There are so many implications varying from tax to legal structuring issues that need expert advice. We can assist you with:
- Drafting and providing advice on commercial, industrial premises leases;
- Advice of any personal guarantees and indemnities;
- Drafting a Lease and negotiating any changes requested on your behalf;
- Reviewing the lease and negotiating any changes requested by the Landlord;
- Providing advice under the Retail Shop Leases Act;
- Assigning, varying, surrendering or extending your lease;
- Providing advice on lease disputes.
Commercial Contracts & Agreements
As vastly experienced commercial and business solicitors, we insist on drafting in plain English and utilising the KISS principle when it comes to documents. Whether it be a shareholders agreement or a Will, clients can expect documents that are simple, to the point and easily understood, not just by the lawyers – but by all parties. We can assist with, among other things:
- Drafting, reviewing and negotiating an array of commercial and business contacts and agreements;
- Drafting of or advice on Franchise and Disclosure Documents for a franchise business;
- Intellectual property rights, including trademark registration and enforcement in Australia and overseas;
- Establishing companies, Trusts, partnerships, and other corporate structures to protect your valuable assets and archive the best tax applications.
Business Structuring
The structure that you choose for your business will depend upon the size and type of business, your personal circumstances and the future plans for the business. It needs ongoing monitoring as a business expands a trading trust that may have been appropriate when the business was turning over $300,000 pa may not be suitable once the business is generating turnover of $2M where Pty Ltd entity would be more suitable.
MCL can assist you with:
- Identifying the correct legal structure, whether that be sole trader, partnership, limited liability company or trust structure;
- Incorporating the business;
- Shareholder and Partnership Agreements;
- Business Succession Planning & Business Due Diligence;
- Confidentiality, Non Disclosure and Non Compete Agreements;
- Drafting and advising on Business Sale Contracts and negotiate the terms, drafting Heads of Agreement;
- Registering Trademarks in Australia and overseas;
- Assignment of Franchise Agreements.
Buying And Selling Companies And Businesses
It is essential and much less stressful to buy and sell a business when you have an expert you can trust and rely upon to guide through the maze of legal and other issues including:
- Drafting and reviewing Business and Shae Sale Agreements and conducting negotiations on your behalf;
- Non Disclosure and Confidentiality Agreements;
- Restraint of Trade issues;
- Transfers of Business Names, Trade marks, intellectual Property, Domain Names, and
- Loan and Security Agreements including Vendor Finance Agreements.
Wills and Powers of Attorney
It is essential that you have an up to date and current last Will. Divorce, marriage, defacto partners can all change or make a previous Will void and of no effect. Financial and legal circumstances change regularly as often do family situations. Steven can draft a Will to reflect your intentions as to how your estate is to be distributed, establish any Testamentary Trusts if needed and ensure that the Will cannot be challenged. The only person that can determine a person’s testamentary capacity to be able to validly make a Will is a solicitor. Medical opinions assist but it is the solicitor that makes the final decision.
Trying to use a Will downloaded from the internet is a recipe for disaster in the future let alone the costs involved. In almost all situations the legal costs associated with a person contesting a Will are paid from the deceased estate not the applicant themselves.
Property
Property is a complex web of a myriad of different pieces of legislation. In Qld property acquisition is “Caveat Emptor” which means “Let the Buyer Beware”. It is essential that your commercial conveyancing transactions are executed seamlessly – that is the peace of mind you will feel when working with us on your property transactions at a fixed fee:
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Buying or selling commercial, industrial and retail property (including off the plan properties)
- Drafting, reviewing and negotiating contracts
- Preparation and discharge of mortgages and attending settlement