Do directors need notice of proposed director/Board resolutions?
The short answer is, no. The Corporations Act 2001 (Cth) does not require directors to be given prior notice of any matters to be discussed at a directors/Board meeting, or any resolutions to be put to the directors/Board at the meeting. Your Company's Constitution...
New look, same values
In January 2020, Andreyev Lawyers and JFM Law merged two long established firms with different cultures and ways of doing things. As it transpired, successfully integrating our practices was not the only challenge we faced, since...
Closing the Governance Gap
Many of our clients run their own business. Some run smaller enterprises, perhaps with one business partner and a handful of staff. Others run family businesses or larger-scale operations with multiple owners and many employees. If you are reading...
How do you appoint someone to make health or medical treatment decisions on your behalf in NSW?
As part of your end of life plan it is a good idea to appoint someone to make health or medical treatment decisions for you, if you become unable to make such decisions for yourself. It is also important to identify what your values, life goals and preferred outcomes are so the person appointed to make those health and medical treatment decisions can ensure their decision making is in line with your wishes.
Simone Daniells – Solicitor at Andreyev Lawyers chats with Tax Talks about an unfair contract terms case study
In a recent episode of Tax Talks, Simone Daniells of Andreyev Lawyers walked you through the history of Australian Consumer Law unfair contract term provisions and gave you some practical tips about managing your standard form contracts. You can listen to...
Do I need to carry out a ‘reading of the Will’?
We are often asked by clients who are appointed as an executor of an Estate whether they need to gather the family around and 'read the Will' out loud. While this is often the kick off point for an Agatha Christie murder mystery, this formality is not required in...
In-house loans and estate planning – not as simple at it seems
Dealing with loans in the context of an estate plan is often not as simple as it may seem. This is particularly the case when loans have been made to and from 'entities' within the family group. In-house loans A loan is either an asset or a liability. It is an asset...
Is your reversionary pension really binding on your SMSF trustee?
A super fund is, at its most basic, simply a ‘trust'. The ‘trustee' of the super fund holds the 'member’s balance' on trust for the ‘member’. What most people don’t realise is that because the super fund is a trust, it's governed by the rules of equity that set out...
Don’t lose your business along with your marriage
Separation is never easy, but it can be even more difficult for business owners. This is because business owners have the added uncertainty of having their jobs (and often livelihoods) tied up in a business that is considered an asset of the relationship. For many business owners, the most daunting aspect of their separation is the possibility of losing their business.
I’m young, I’m single, why do I need Will?
If you are young and single, making your Will is often not front of mind. Your priorities are stagnant wage growth, climate change and choosing a milk alternative for your daily coffee. However, even at this stage of life it is important to consider who will get your stuff when you are gone.
Simone Daniells – Solicitor at Andreyev Lawyers chats with Tax Talks about Unfair contract terms
Business owners should be aware of the recent changes to Australian Consumer Law that have focused on Unfair Contract Terms. What is an unfair contract term? When do the new provisions apply? And what can you do to ensure your business complies? In a recent episode of...
Damien Lehmann – Solicitor at Andreyev Lawyers chats with Tax Talks about Company Constitutions
When you are in business with people it is important you have the right documents in place. That will make sure things are fair and avoid disputes happening in future. Shareholders' Agreements have traditionally been used for this, but we think Company...
Short memories on wages growth and the wages/super trade-off
If the government wishes to mandate a 0.5% wage increase for all Australians, no matter what income they are on, then that’s what they should say.
Trust Distribution Resources
We know that getting your trust distribution minutes right can be a headache.
To help, we have compiled a series of useful articles and links below that will help you optimise your trust distribution minutes and assist you in getting them right the first time, every time.
New ASIC Requirements Directors can expect in 2021
This summary article aims to give you a brief understanding of the major changes facing company directors this year.