###WRITTEN BY BB
Many company directors are aware of the various aspects of governance. Compliance with legislation is part of that governance. Whilst most directors will be able to identify major pieces of legislation affecting their industry, very few, other than those with legal training, can honestly say they can identify all legislation, including regulations at federal, state and local government which affect everything they do.
Consequently, strategy and risk management can become problematic unless legislative compliance can be assured. Good corporate culture cannot be achieved by ignoring the law. Shareholders and other major Stakeholders (particularly investors) will judge a company as being a good corporate citizen when it complies with legislative requirements.
Bob is a qualified company director and currently sits on the board of two Queensland Public companies. As such, he is only too aware of the difficulties facing boards.
As well as legislative compliance, companies require to standardise procurement and other contracts as well as leases and HR compliance. Many companies fail to protect the value in their businesses by identifying and securing their intellectual property. Properly registered intellectual property rights add value to the goodwill in the balance sheet of a company.
We believe we can add value to your company and not just generate cost. We can work with internal or external counsel and other advisers in the process.
We find that identifying legislative compliance requirements can lead to identifying operational problems. Solving those problems can mitigate or eliminate risk and allow directors peace of mind as well as the ability to focus on the strategic direction of the company
###WRITTEN BY BB
For businesses in Queensland, one of the most important considerations is a commercial lease. This applies for both retail and non-retail purposes.
Accept the wrong lease and it can affect the whole operation of your business, not to mention the adverse effect it can have on resale of your business.
Generally, solicitors for a landlord are experienced in drafting such documentation. It therefore takes an experienced solicitor to give sound advice to landlords and to tenants not just on the basic terms of the lease, but what should be there and, in many cases, just as importantly, what should not be there.
There are many publications available which explain commercial leasing, but the reality is you need a solicitor who can explain the full effect of the documentation and what could be considered to be normal within the industry.
Bob has acted for many major landlords and acts for tenants in numerous and diverse businesses. We can therefore offer to landlords a perspective on what tenants consider when entering into a lease and for tenants whether a landlord is being reasonable.
###WRITTEN BY BB
Disputes are simply a part of doing business. To minimise the impact, businesses need swift and accurate advice to focus on all aspects of the dispute including likely outcomes.
Bob is able to discuss, in straightforward terms, the nature of the dispute, the methods by which such a dispute can be resolved including through court and early mediation.
Costs are inevitably involved in identifying strategies and outcomes. We can provide advice on costs throughout any litigation matter.
On the other hand, why not take the proactive approach and consult us prior to any disputes arising. We can assist with contract preparation and standardisation, advice on formalising security over personal property of a debtor and a whole series of other actions which can be taken to miti- gate or remove the risk of disputes arising.
Many disputes arise as a result of the parties to a contract not fully considering all matters likely to arise, or having considered those matters, not documenting the terms of any agreement.
###WRITTEN BY BB
###WRITTEN BY BB
Bogie & Co has over the years provided advice to local authorities, companies and individuals on various aspects of commercial and corporate law.
In the commercial world, it is necessary to strike a balance between risk and commercial benefit. Bob is a solicitor with over 40 years experience as well as being a qualified company director.
Areas of advice include:
Mergers and acquisitions
Corporate governance and compliance
Franchising
Securities, lending and debt purchase agreements
Joint ventures, partnerships and shareholders’ agreements Personal property securities
Privacy and data protection
We are always happy liaising with clients initially to examine business structures as well as working with clients’ accountants and financial advisers.
###WRITTEN BY BB
Selling or purchasing a business is without doubt a significant event for most people. A person’s financial future depends on getting it right from the outset.
Purchases
When acting for a purchaser, we carry out the due diligence investigations required. A commercial lease also requires considerable attention. The wrong commercial lease can handicap a business from the outset and can have a detrimental effect on any future sales. Speak to Bob who has prepared and reviewed commercial leases for almost 40 years. The contract for purchase is also a very important document which must correctly reflect the best possible commercial terms for a purchaser for both legal and taxation reasons. Whilst a business contract may suit many purchas- es, share sale agreements are also worth considering, depending on the circumstances. In addition, any purchaser has to consider existing con- tracts, licences, franchises, intellectual property, permits and a whole host of other matters.
Sales
When selling a business, advice on the correct contract and method of sale is essential. We work with the seller’s accountant and any business broker involved to formulate the most appropriate sales’ contract for a seller. Standard contracts can be fraught with difficulties including future breach of warranty claims. Having the right contract from the outset should mitigate or avoid the risk of claims. We work in commercial matters extensively and have both the skills and experience to advise on all aspects of business including structuring of sole traders, companies, partner- ships, trusts and superannuation funds. We provide comprehensive legal advice on mergers and acquisitions, corporate including compliance, risk and strategy, banking and finance, property, succession planning, intellectual property including privacy legislation, dispute resolution and numer- ous other matters relating to the commercial world. We provide company legal audits to assist in identifying and complying with a complex series of rules and regulations. Bob, as a qualified company director, is also able to offer his services as a non-executive director in larger private compa- nies and also in public companies for commercial operators who wish an independent viewpoint to determine future direction. Take the opportuni- ty of speaking with a man who has a passion for detail as well as a commercial business focus and is well-known for his personal contact with clients.
###BB TO WRITE