Businesses – Buying and Selling
at Berwick Legal
Berwick's Leading Commercial Law Firm

Whether you are buying or selling a business or restructuring - at Berwicklegal we have the legal skills to help you to achieve your goals. Whether it be setting up a new business, the sale or purchase of a existing business such as a cafe, fast food outlet, or a large company, the needs are the same – focused lawyers who understand the issues and are attentive to helping to achieve your goals.

Our experience ensures that all the technical legal issues are addressed throughout the transaction, and your interests are protected. Our strong negotiation skills and knowledge of the law will ensure that you achieve the best possible outcomes in all aspects of the transaction. We understand the need when structuring a transaction to protect our client’s assets and to have regard to taxation issues including Capital Gains Tax, GST and Stamp Duty.

 

We draw on our experience in business sale transactions across a broad range of industries to advise our clients on issues ranging from due diligence and property matters, to employee issues and restraints upon competition.

We have expertise in each of the important issues arising in business transactions:

Intellectual Property

  • Identifying what intellectual property is owned by a business
  • Ensuring a clear and smooth transfer of intellectual property rights
  • Taking steps to protect and enforce intellectual property rights

Representations & Due Diligence

  • Identifying and drafting representations which a vendor needs to make and a purchaser needs to rely upon
  • Advising and assisting in relation to the due diligence process

Property Matters

  • Securing transfer of lease or grant of a licence
  • Investigating and identifying uses to which a business premises may be put

Employment Issues

  • Effecting a smooth transfer of employees
  • Calculation of adjustments for accrued annual leave, long service leave, etc
  • Analysing the vendor’s Workcover position

Restraints upon Competition

  • What restraints upon competition can be sought
  • How to ensure practical enforcement
  • Restraints on solicitation of customers and employees.

For more information please contact us.

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