BUSINESS
We cater to all businesses, local and international, large and small, in need of focused and solution-driven legal advice.
Whether you are a start-up or an established business, we will help develop clear strategies and solutions, tailored to your goals.
HOW WE CAN HELP
We firmly believe that engaging the right business lawyer is a key component of building and maintaining a successful business.
Not only can we assist you in fulfilling your short-term legal needs, we can work with you to create and implement legal strategies that align with your long-term goals and big-picture ideas.
BUSINESS STRUCTURING
New Zealand is known as being one of the easiest places to start a business. However there are many different ways to structure a business and it pays to think about it carefully as it can impact your ability to grow or sell the business and it affects your legal compliance obligations.
The three structures most often used by New Zealand businesses are:
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Sole Trader;
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Company; and
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Partnership (including Joint Ventures)
We spend time with you to understand why you’re in business and who you’re in business with.
We can then assist you to tailor the structure of your business to suit your immediate and future goals.
BRAND PROTECTION
Did you pay thousands of dollars on your brand package but are questioning whether to now protect it? Now that seems crazy, doesn't it?
Is your logo well known and important to the success of your business?
If you want to be able to stop someone using branding that is the same or similar to yours and don't want to triple your brand-spend in defending it ?
If so, you need to know about trademark registration and the protection it provides.
We offer fixed fees and do research before you even apply so that you can be sure, before investing, that your brand can be registered (because not all brands qualify initially, and steps can be taken to make registration possible).
Once registered you can sell, commercialise (e.g. Licence or Franchise) and importantly cost-effectively prevent others from misusing your brand.
DEBT RECOVERY
Are you owed money?
Is getting paid on time an issue for you or your business? Following up invoices and dealing with bad debts can take a lot of time and energy and create a large drain on your cashflow. We can help you deal with late payers.
We run a highly efficient debt recovery service for many clients from major national organisations to small businesses and individuals. If you need advice on how to make people pay what they owe you, advice on avoiding bad debts or terms of trade drafted, we can help you and get your money back into your bank account where it belongs.
BUSINESS SALE
& PURCHASE
Obtaining expert legal advice can be a game-changer in safeguarding you against potential risks and hidden complications associated with a business purchase. We take pride in offering practical advice that cuts through the jargon, providing you with a clear understanding of the process and empowering you to make informed decisions.
The sale and purchase agreement is a vital document that encompasses various crucial aspects of the transaction. Therefore it is crucial that you have the agreement reviewed prior to signing. Even where a business broker has drafted the agreement, they are acting for the Vendor and so an independent review is strongly advised.
Once the sale and purchase agreement is signed, our services extend beyond the agreement itself.
We can support you in the following areas:
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Due Diligence: Thoroughly examining the business, including scrutinizing the vendor’s contracts with suppliers and customers.
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Lease Assignment: Facilitating the transfer of the premises lease from the vendor to the purchaser.
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Resolving Encumbrances: Ensuring that any encumbrances, such as registered financing statements, are cleared before settlement to ensure clear title is passed from vendor to purchaser.
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Addressing Employee-Related Matters: Providing guidance on handling employment issues arising from the business transaction.
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Financial Settlement: Assisting in ensuring an accurate transfer of funds between the parties, accounting for adjustments to the purchase price, deposits, or any prepayments made by the vendor.
PEER PARTNERING
We offer businesses a unique opportunity to have an ongoing relationship with us, allowing you immediate access to legal assistance, provision of templates and dispute mitigation, all the while "training" you to be legally autonomous but also 100% confident that you are protecting your business at every step.
Work with us at reduced fees.
Includes Debt Recovery services.
CONTRACTING WITH 3rd PARTIES
At some point during the life of your business you will be required, or you will require others, to enter into a legal arrangement or contract. These are legally binding and should not be taken lightly.
If you are offering products or services you will need your clients/customers to agree to certain terms that will govern your relationship. You will need to draft and present these terms to others.
If you are providing goods or services to a large organisation you will be likely required to agree to their terms.
We can work with you to either draft your own or review others’ terms so that you protect yourself or your business prior to signing on that dotted line.
Types of agreements that you may require:
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Terms of Trade/Engagement
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Online Terms of Use
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Supply Agreements
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Service Agreements
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Sales Agreements
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Consultancy Agreements
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License Agreements
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IP Agreements
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Confidentiality (or Non-Disclosure) Agreements
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Memorandums of Understanding
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Shareholders Agreements
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IT Agreements
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Distribution Agreements
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Partnership Agreements
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Indemnity Agreements
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Loan Agreements
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Franchise Agreements
FRANCHISING\ LICENSING
The key similarity between franchising and licensing is that both business methods involve you allowing another individual to use your IP in exchange for payment. In franchising, this intellectual property includes the:
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brand – the name and brand of the franchise; and
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business methodology or model – the operational systems of the business.
In licensing, it is the brand alone that is being licensed. You cannot control the licensee’s method of operation. Under both methods, you can:
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make an income off of your intellectual property; and
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grow your brand through the use of another individual’s (the franchisee or licensee) resources and labour. In franchising, you will have replicas of your business operated by your franchisees. In licensing, you will have licensees using your brand name or particular product in the running of their own business.