Business & Commercial

Business and Commercial Law

Business and commerce has a life cycle. From start-up, running, growing to selling, our experienced and specialist commercial team ensure your business receives sound, practical commercial and business legal advice. Like you, we see your business as an investment and we love watching our clients’ businesses grow. As a small business, we appreciate the pressures, constraints and competition for your time and resources. With any business decision, there is often a range of options. We go over the options with you to select the course of action that suits you, your business and your resources. Consult with us.

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Business Acquisition & Sales

Buying a Business

Deciding to  buy a business is something not to be taken lightly. It’s essential you get the right legal advice to make the right decision. 

Selling a Business

Long before signing the agreement, the process to sell commences and those early steps should be considered to get the business ready for sale.

Due Diligence

It’s important, whether buying or selling a business, to have the ability to carry out proper due diligence and form a team of professionals to assist to ensure comprehensive advice is obtained and which includes asset values, trading history, resource management issues, leases, marketing, and competition. 

Business Structures

It is critical that the right business structure is setup to match your commercial requirements as this has impacts on: start-up costs, taxation and your legal obligations.  Most small to medium businesses opt for the limited liability company as they are cost effective to incorporate and provide a significant degree of limitation of liability from business creditors.

Company Matters

Once a company is formed there are shareholder and director matters to consider and the potential for shareholder disputes. It’s good to reach an agreement on how disputes may be dealt with in advance of a dispute including whether mediation can be an option due to its success, speed, privacy and cost efficiency.

Commercial Leases

Longer term leases can be extremely beneficial to a tenant as it provides a business with security as to location and helps to maintain strong, local customer bases. However there are also complexities and complications that can have long-term disadvantages. All commercial leases should be reviewed by tenants prior to signing. Similarly, landlords ensure your lease is strong in the long term. Consult with us.

Franchises

Franchises

Franchise businesses are a popular method of business in New Zealand and require specialist franchise lawyers. Our network of reputable professionals, includes specialist franchise experts.   

Purchasing a Franchise

We can:

  • Negotiate the sale and purchase agreement.
  • Review the franchise documentation.
  • Provide general advice on the purchase of a franchise.
  • Assist you with advice on funding and settlement of the transaction.

Sale of a Franchise

We can:

  • assist with the negotiation of the terms and conditions of the sale and purchase agreement and with fulfilling the requirements of the Franchisor in relation to the sale of your business.

Franchising your Business

We can:

  • Draft the documentation including franchise agreements, disclosure documents, terms of supply, confidentiality agreements, application forms, software licence agreements, intellectual property licences, subleases or licences.
  • Assist to put systems in place to streamline the legal side of things.

Leasing for Franchisors

Many franchise systems are “premises based”, which means there is likely to be a lease or licence which provides the franchisee with occupation rights. 

We can:

  • look at what structure works best for you i.e. taking the Head lease and subleasing or licensing the premises to your franchisee.
  • Require the franchisee to take the lease and advise you on the clauses you need in the lease.
  • Advise on negotiating your lease, making sure there are provisions to protect your branding right, provide exclusivity and allows you to assign the lease to a Franchisee.
  • Assist you with any issues or disputes you have with your landlord.

Leasing for Franchisees

Leasing is a huge component of some franchise businesses and is often a serious, long-term commitment.

We can:

  • Review the lease documentation and provide you with advice on your rights and obligations and any further terms which you  need to negotiate.
  • Assist you with the negotiation of those terms.
  • Assist you if you need help with the interactions with your landlord.

Dispute Resolution & IP Protection

We can advise you on your rights and obligations and assist with the dispute resolution process. We can advise you on the best way to protect your intellectual property, the best structure to use and can assist with trademark applications and drafting of licence agreements.

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