On 22 June 2020, the Australian Government introduced new legislation to help combat illegal pheonixing activities, amending the Corporations Act 2010 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 by introducing Director Identification Numbers.
If you’re buying or selling a business in Victoria you may have been asked about or heard the term ‘Section 52 statement’. In this article we answer your questions: What is a Section 52 statement?; Who prepares the Section 52?; When is a Section 52 required?; What information does a Section 52 contain?; and; What happens if it’s not provided or is false or inaccurate?
The Coronavirus Pandemic (COVID-19) has caused a significant increase in stress and anxiety for many businesses across many sectors of the economy. We are finding that businesses are asking questions in two areas in particular: how to manage employees during these difficult times; and how to manage situations where you cannot complete contracts because of a breakdown in supply chains, or because your employees are unable to work.
You have a brilliant idea about a small business that you would like to start. You have developed a business strategy and you have lined up key stakeholders. You have put a lot of work into preparing your small business for launch and you are almost ready to go. Now you just need to get the legal side of things sorted out.In this article, we provide a checklist of 10 things that you should consider as you start your small business.
Based upon new laws that came into effect on 22 February 2018, Australia has introduced a Mandatory Data Breach Scheme. The Mandatory Data Breach Scheme applies to businesses in the event of confidential information being compromised through a data breach in their system.
For businesses, with the development of new technology and websites becoming commonplace, it is an emerging issue where people are asking the question: what can I do if someone steals content from my website? Owners are increasingly putting countless hours into designing their websites, perfecting their content and attempting to maximise their web traffic.
Have you or your business ever received any fake reviews online, or reviews which you believed to be misleading? Alternatively, have you ever thought about publishing your own false reviews online to balance out the negative reviews? As we have moved further into the 21st Century, people are becoming more reliant on what they read online for reviews as opposed to more traditional methods of review such as word of mouth. This can be a big problem if fake reviews are published about you or your business.
Are you familiar with email marketing laws in Australia? The Spam Act 2003 (Cth) provides an extensive regulatory regime as to when emails are classified as 'an effective marketing tool' and when emails are classified as 'spam'. There are serious penalties for breaching the Spam Act. Read here for more details.
It is an exciting time, you are wanting to buy a business! You are keen to get started as soon as possible. However, it quickly becomes apparent that there is lots of paperwork to complete, confusing contractual terms to understand and a regulatory framework which is complex. This is when you need a business lawyer.
Entering into any Franchisee/Franchisor relationship is an exciting time as it brings about opportunities for expansion and growth. However, franchise owners have a number of responsibilities that they must follow when managing any Franchisee relationship. In Australia, the ACCC has an in-depth Code which outlines Franchisor responsibilities which are owed to Franchisees. If the Franchisor receives a written request from the Franchisee for disclosure, then the Franchisor must provide such written disclosure.
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