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Independent Sole Trader Contractors Contracts or Agreements

 

If your organisation has the staff and time available to carry out a project, then it makes sense to do it yourself.

 

Often, however, the organisation may simply lack the staff, the time, or sufficient specialised knowledge. If the project is a one-off, it may be impractical to employ someone on a short-term contract and it may be difficult to find a permanent staff member with the necessary skills.

 

In this instance engaging a specialist independent consultant or contractor may be the solution.

 

When engaging a contractor its vital to have a clear understanding of the precise nature of the services to be provided.

 

This Independent Sole Trader Contractor Agreement has been drafted by professionals to spell out the exact nature of the arrangement, defining the rights and obligations of the parties. It includes strict restraint, confidentiality and intellectual property provisions to bind the contractor while still providing the foundation for a healthy ongoing relationship.

 

The document specifies that the payer agrees to engage the contractor as a sole trader on an independent contractor basis.

 

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This Independent Contractors Agreement Template with simple to follow instructions has been made for ease of use using Microsoft Word and is available for immediate download.

 

You can use any of our template agreements time after time, simply edit the fields as you require, save and print your agreement.

 

This Independent Contractors Contract contains the following Provisions -

 

  • The Parties
  • Agreement Term
  • Contractor’s Obligations
  • Service Standards
  • Assignment And Sub-Contracting
  • Equipment
  • Contractor’s Fee And GST
  • Expenses
  • Intellectual Property
  • Confidentiality And Privacy
  • Restraint
  • Insurance And Superannuation
  • Indemnity
  • Negation Of Employment And Agency
  • Special Conditions
  • Termination Of Agreement
  • Continuing Obligations
  • Waiver
  • Plus Annexures

 

Your ready-to-use agreement includes everything you need to define the terms of your agreement.

 

  • Professionally drafted Independent Sole Trader Contractor Agreement .
  • Easy-to-follow Instructions
  • Friendly customer support

 

Our fully secured ecommerce system allows you to purchase and Download this contract safely. In just a few minutes you can have everything you need to protect your interests and present a professional image.

 

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FRANCHISE AGREEMENT

 

Going into business is often a daunting challenge. Some people feel more comfortable using an existing business opportunity to chart their own future. This means one thing: a franchise. Whether you plan to open your own franchise outlet, or your own business is preparing to allow others to open franchises, you’ll need the correct agreements. Before you begin a new franchise business or license your own business to franchisees, here is what you need to know:

 

 

  • WHAT IS A FRANCHISE? A business that sells ‘copies’ of itself to other owner-operators is a franchise. Whether it is fast food, a DVD rental outlet or a chain-store, a franchise is a proven and effective marketing strategy that can offer customers consistent quality of goods or services. This benefits potential franchise owners by allowing them access to a pre-existing customer base who are already familiar with the business. It also benefits the franchisor by allowing them to expand the business without having to do as much work.

 

 

  • WHAT IF I WANT TO START A FRANCHISE? A franchisee (a person who starts a new franchise location) will be able to use the franchisor’s (the original owner of the business that is being franchised) products, services, intellectual property and other related property. This comes with a pre-established business if they enter a Franchise Agreement with the franchisor. A new franchisee will be able to use that property for a period of time, or for a certain territory, depending on the terms of the agreement. Potential franchisees must first get permission from the franchisor, and they can only do that with a proper agreement.

 

 

  • WHAT IF I WANT TO TURN MY BUSINESS INTO A FRANCHISE? If your business is expanding and seeking new independent owners to act as franchisees, you’ll need to make it clear what you are offering. By drafting a Franchise Agreement, you can let potential owners know what it is they will and won’t be getting. You will also be able to lay out terms for payment, territory, and the obligations of one party to another.

 

 

  • CAN MY FRANCHISE BE TAKEN AWAY FORM ME? Depending on the conditions stated in the Franchise Agreement, your right to run your franchise business may be limited. If you violate certain rules, you may be stripped of the franchise. A new franchisee must be aware of all the terms of the agreement before they enter it, or they are acting imprudently.

 

 

  • WHAT NEEDS TO BE INCLUDED IN A FRANCHISE AGREEMENT? Both the franchisee and franchisor need to understand what they can or cannot do under the terms of the Franchise Agreement. A properly drafted agreement details the terms of the franchise grant, how the sale of the goods or services must be conducted and how intellectual property can be used. Many factors must be included and stated clearly for the Franchise Agreement to be successful.

 

Starting a business can be an exciting time in your life. Taking advantage of a franchise opportunity can not only provide you with significant advantages, but it can also serve as a safety net. Knowing the product you are going to sell is already known and well-received can be a great benefit. No matter if you are entering business as a Franchisee or selling to new owners, having a strong Franchise Agreement is a necessary step, and one that lets you be confident in the foundation of your new enterprise.

Franchise Agreement Available for Immediate Download More Information Click Here

 


 

 

General Employment Agreement Contract

 

The Australian Federal, State and Territory governments have expanded their concept of employee protection to do away with some of the matters introduced under the discredited Workchoices scheme.

 

There has been a process of modernising awards, and from 1st January 2009 “modern awards” now cover specific areas.

 

All contracts of employment, whether they are based on an award or not, must cover National Employment Standards. You have flexibility in your approach both to the Award conditions and the National Employment Standards, and you can negotiate almost anything you like with an individual employee as long as you can demonstrate that he or she is better off over-all as a result of the bargain you strike.

 

If you are looking for an agreement that modifies the application of a modern award or enterprise agreement see our Individual Flexibility Agreement

The letter in the General Employment Agreement kit contains is a detailed document setting out the relationship between employer and employee. Once the employee accepts the terms by signing the letter (and keeping a signed copy) it becomes the employment contract, subject to the terms of the Award (if there is one) and the Fair Work Act 2009.

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This General Employment Agreement is formatted for your convenience using Microsoft Word and is available for immediate download. You can use this template time after time, simply edit the fields as you require and print your agreement.

This agreement with easy-to-follow instructions includes the following provisions-

  • Position
  • Employment status
  • Probationary period
  • Relevant award
  • National Employment Standards
  • Remuneration package
  • Hours of work
  • Allowances
  • Expenses
  • Annual Leave
  • Personal / Carers leave
  • Community Service Leave
  • Long Service Leave
  • Public Holidays
  • Duty to advise of pre existing conditions
  • Duties and responsibilities
  • Confidentiality
  • Restraint
  • Termination of employment
  • Acts following Termination
  • Intellectual property
  • Company policies
  • Privacy policy
  • Other matters
  • Signatures

 

Sample Document Excerpt

 

Your ready-to-use kit includes everything you need

  • Professionally drafted General Employment Agreement
  • Getting Started User Guide
  • Friendly customer support

 

Our fully secured ecommerce system allows you to purchase and download your Individual Flexibility Employment Agreement safely. In just a few minutes you can have everything you need to protect the interests of all the parties involved.

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How To Divide Superannuation in a Divorce or Separation

Superannuation has become an increasingly important component of family wealth in Australia and that importance is likely to increase as a consequence of the Federal Government's policy of promoting self-support in retirement through compulsory superannuation.
This article provides general information regarding the treatment of superannuation under the Family Law Act 1975 (Cth) (the Act). The information is for any member of a superannuation scheme who is in the process of: divorcing or separating from a marriage; separating from a de facto relationship; or intends to enter into a superannuation agreement with a person.
Who is covered by the Family Law Act?
 The Family Law Act has applied to legally married parties since 1975. From 1 March 2009, the Act was amended so that it now also applies to de facto and same sex couples. This amendment operates prospectively, which means that it does not apply to a de facto or same sex relationship that broke down before 1 March 2009.
Super splitting under the Part VIII B of the Family Law Act
The Family Law Act was amended to include part VIII B which allows certain payments (splittable payments) in respect of a superannuation interest to be allocated between:
  1. the parties to a marriage; or
  2. the parties to a de facto relationship;
The Family Law Act does not apply to anyone whose property arrangements were legally finalised before 28 December 2002, unless the court sets aside an earlier order and makes a new order under Part VIIIB of the Family Law Act.
Valuation of a superannuation interest
The Trustee of the fund will provide information about a superannuation interest to an eligible person, on behalf of the relevant scheme, to assist in negotiation of super splitting under the Family Law Act. An eligible person is defined in the Family Law Act as: the Member; a spouse or de facto partner of the Member (i.e. the non-member spouse); a person who intends to enter into a superannuation agreement (including a pre-nuptial agreement) with a Member.
Both parties to a marriage or a de facto relationship are entitled to request information about their spouses account.

Obtaining a valuation can be done by completing a Declaration by Applicant for information about Superannuation account form (form 6). Form 6 can be found in this Superannuation Information Kit freely available from the Family Court of Australia.

Upon receipt of the application the Trustee of the fund will value the superannuation interest and provide the information to the applicant in writing.
A fee may be payable at the time the application is lodged.
The provision of information about a superannuation interest does not automatically lead to the division of superannuation.
Entering a superannuation agreement or obtaining a court order
Separating couples have two options when dividing their superannuation interests.
1.By Superannuation Agreement , or

2.By Court order.

 

Superannuation agreements

Superannuation agreements can be made either before or during marriage, or after dissolution of the marriage or relationship. A superannuation agreement is a written agreement which complies with Part VIII B of the Family Law Act 1975 It is entered into between the separating parties and provides for the payment splitting of a superannuation interest

 

Superannuation agreements will be binding if they comply with the requirements of the Family Law Act. The formal requirements are that they must: identify the superannuation interest; be ‘in force’ at the operative time; not relate to an interest that is an unsplittable interest; be in writing and be signed by both parties; contain a statement that before the agreement was signed, each party was provided with independent legal advice from a legal practitioner; include a statement by the legal practitioner that legal advice was provided; original must be given to one party and a signed copy to the other; and when served, be accompanied by a decree absolute or a separation declaration.
It is not necessary for superannuation to be split as part of the division of assets. However A Financial agreement may include an agreement that deals with superannuation interests of either or both of the spouse parties to the agreement.
Consent orders Alternatively if agreement cannot be reached, the parties may apply to the relevant court for consent orders.

The court will request a valuation of the Superannuation interests before issuing a Court Order to determine how the account will be split

 

How does the super split work?

Once the binding superannuation agreement or court order is lodged with the Trustee, the Trustee is required by law to give effect to the agreement or order. If the superannuation interest is to be split, the superannuation agreement or court order will direct the Trustee to pay an amount or a percentage of the member’s superannuation to the non-member spouse. Once a split has occurred, a separate superannuation interest will be created for the non-member spouse (note that a non-member spouse may be a member of the same fund in his or her own right).

 

Preservation of a superannuation interest

The superannuation interest created for the non-member spouse will consist of restricted non-preserved and preserved amounts in the same proportions as the member’s interest. Preserved amounts are subject to a condition of release under the Commonwealth Government’s preservation arrangements.

 

Payment flags

In some circumstances, parties may wish to defer their agreement to split a superannuation interest. This may be because the party who holds the superannuation interest is nearing a condition of release, or because the valuation of the interest is subject to a vesting scale or calculated on a defined benefit basis. In theory, your superannuation agreement can “flag” a superannuation interest - that is, you make an agreement prohibiting trustees from making payments pursuant to a superannuation interest without leave of the court.

 

The effect of the order is to defer the issues of valuation and splitting of the interest until a later date. This is not for the faint-hearted, and is mainly used to take advantage of the taxation benefits for super, especially if you are close to 55 years and 9 months, the minimum age for drawing super. You should seek advice about this from a lawyer, and also from a tax accountant.
Payment flagging agreements are only likely to be used where the value of the superannuation interests is currently unknown but will be known in the near future. If the value is known, there is little reason to flag the superannuation.
The practical effect of a payment flag agreement is to prohibit the Trustee from making benefit payments, or even to make transfers to other funds. It puts a hold on the account and acknowledges that it may become the subject of a split at a later point in time.
A payment flag will apply to a superannuation interest if: the interest is identified in a superannuation agreement; the agreement provides that the interest is to be subject to a payment flag; the agreement is in force at the operative time; the interest is not an unflaggable interest; and when served, be accompanied by a decree absolute or a separation declaration.
It is an offence for the Trustee to make any splittable payment in respect of the interest whilst a valid flag is in force.

A payment flag agreement imposes a reporting obligation on the Trustee if a splittable payment becomes payable whilst the flag is in force.

This may occur where the member spouse satisfies a condition of release (i.e. reaches their preservation age). Notification must be provided to both the member spouse and the non-member spouse within 14 days of the interest becoming payable.
What happens after the flag is imposed?

The payment flag continues to operate until one of two things happen, either: the Court makes an order terminating the operation of the flag; or the parties make a new agreement, called a flag lifting agreement.

 

Important note: Under the Family Law Act this agreement is binding only when it is signed by both parties and contains a certificate confirming that each party has obtained independent legal advice prior to signing the agreement.
For more information on legal advice See our Doc Review Service

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Reaching an amicable agreement about your superannuation offers many advantages;

  • You get to make your own choices
  • you significantly reduce the financial and emotional costs of taking the matter to court and
  • you are able to move forward with your life without the strain of ongoing court proceedings.

 

Professionally drafted and formatted  this Superannuation Splitting Agreement Kit is available for immediate download as an MS Word and Adobe pdf template. Simply insert the correct information in the appropriate fields and go to print.

 

Sample Document Excerpt

superannuation agreement

 

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How you can 'co-own' and draft an appropriate fractional ownership agreement.

 

The dream of buying your own airplane, sailboat, powerboat or expensive item is something many people share. All to often, however, these properties are either too expensive for a single person to buy, or potential buyers believe they will get more use out of the properties if they come together and purchase them as a team. Whether you and your friends wish to purchase a boat and agree upon the times when you can use it, or you want your own aircraft and want to spread out the expenses of operation, suitable agreements can be reached to make this possible. If fractional ownership of a boat or aircraft is something you wish to pursue, you’ll first have to draft the appropriate document. Here is what you need to know:

 

WHAT IS A FRACTIONAL OWNERSHIP AGREEMENT?

A Fractional Ownership Agreement is simply a written statement describing the terms under which your boat or aircraft will be purchased and used. The agreement states what the responsibilities and privilages of the various co-owners will be. Whether it’s a time-share type agreement for a boat or a list of times when a group of co-owners have the right to use a crop-dusting aircraft, these agreements are written so each fractional owner will be clear what they can and cannot do.

 

HOW MANY PEOPLE CAN ENTER INTO A FRACTIONAL OWNERSHIP AGREEMENT?

As many as agree to do so. Co-Ownership of a boat or airplane can include multiple parties. It’s quite common for groups of families or small business to agree to share rights to these properties, and apportion the share of costs or expenses appropriately. Of course, there will be practical limitations to any use, but as long as everyone agrees to the terms, the fractional ownership agreements can include as many people as you wish.

 

WHAT ABOUT REPAIRS AND MAINTENANCE?

The co-owners can decide amongst themselves who is responsible for repairs and maintenance. Whether one person supervises all required maintenance and submits a bill to the rest, or if each co-owner agrees to take turns, however the parties wish to allocate responsibility to any area of the ownership details is up to them.

 

WHAT DO I NEED TO INCLUDE IN MY FRACTIONAL OWNERSHIP AGREEMENT?

Most often, Fractional Ownership Agreements will include conditions that cover all contingencies. The method of funding, cost allocation, transfer of ownership interest and terms of use are all needed to make the agreement complete. These documents should be clear and concise, yet expansive enough to include all information required to make it clear to all parties involved what their responsibilities and privilages are.

 

The choice to enter into a Fractional Ownership Agreement for a boat, aircraft or other expensive item is a common decision many people make when they wish to purchase these kinds of properties. The most important function of these documents is to make it clear to each owner or potential co-owner what they can and cannot do with their share of the property. A well drafted Fractional Ownership Agreement will allow for everyone to enjoy their new purchase, while a poorly drafter document, or even worse, no agreement at all, will lead to endless problems.


 

 

Division 7A Company Loan Agreement

 

Division 7A of the Income Tax Assessment Act 1936 aims to prevent the tax-free distribution of company profits to directors, shareholders and their associates, in the form of loans which are to remain outstanding or be forgiven. Division 7A requires most loans, advances, and other forms of credit to be counted as deemed dividends in the income year in which they are outstanding, unless minimum repayments are made under a valid loan agreement. Loans from private companies to family trusts also fall under Division 7A.

 

Deemed dividends force the borrower to accept a payment as a completely assessable unfranked dividend, which must be declared in the individual’s tax return. Dividends reduce the earnings retained by the company, and may waste franked credits, which can double taxation. Failure to declare dividends may constitute tax evasion.

Some loans will not fall under Division 7A provisions. For example, intercompany loans are excluded from Division 7A. To discern whether or not a particular payment is considered under Division 7A, ask yourself the following:

 

  • Has the payment been made to an affiliated entity, other than a company?

  • Has the payment been made due to the influence of the shareholder/recipient?

If the answer is yes to both questions the payment is probably subject to 7A provisions. Seek further professional advice if you are still unsure.

All companies wishing to avoid tax penalty under Division 7A are strongly advised to implement loan agreements before lending to associates. Where a loan agreement is in place between the company and affiliated entity deemed dividend provisions will not apply. The following conditions must also be met:

 

  • A written, standardised loan agreement must be in place before company tax return is due or lodged (whichever comes first);

  • Minimum repayment on loan must be made before aforementioned date;

  • Loan term not exceeding 7 years for any unsecured loans, and 25 years for mortgage-secured loans;

  • A minimum rate of interest must be charged.

     

Division 7A Company Loan Agreement Available for Immediate Download Only $69.95 More Information Click Here

 


 

Legal Helpful articles and tips to stay ahead in life and business

Here is just a sample of the large amount of useful and invaluable information available on 'DIY Legal' stuff.

Since 1990 the Business community and individuals alike have relied on RP Emery and Associates for professionally drafted Legal Contracts and document templates.

Just think how much time and money you can save by producing dependable legal contracts from your home or office computer.

Simply open the contract template you wish to use, insert all relevant details in the correct spaces, and print your professional legal contracts, agreement or document.

How could it be any Easier?

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Of course complicated legal matters need professional advice, however with access to the correct legal template which includes all the essential provisions many straightforward issues are easily addressed..

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Even if you plan to consult your legal adviser, consider how much time (and therefore money) you'll save by having most of the document prepared before your first meeting..

 


 

 

Cost Effective Ways to Help Increase Profits 

Cost effective ways to increase profits:

Businesses are always looking at cost effective ways to increase revenues and profits, there are plenty of improvements that can be made in a business to boost sales or profits without spending much extra.

  1. Know the right price: You should have a fair idea on what is the right price for the products that you sell. The right price is not necessarily the maximum price at which you can sell the product itself, or the maximum number of units that can be sold; but the maximum profit that can be made. For example, you may find that you are easily able to sell 100 candy bars at a dollar each, the cost of which is 80 cents. That means you are able to make a profit of 20 dollars on these. Try raising the price by 10 cents and see if you can still sell 100 or do the sales drop off? If they do drop off are you still making your 20 dollars of profit? Similarly can you lower prices to boost sales significantly? You need to keep tinkering with the price at which your products sell to arrive at an optimum price and sales mix.

  2. Talk to your customers: Your customers are the most significant source of insight for raising profits. Just having a chat with customers is a significant source of business knowledge that can help boost profits. Most grieved customers would never say a word and just quietly leave. This not only means loss in future sales from such customers but also the negative referrals that such customers will give other people who won't be shopping in your stores anytime soon. Talking to customers helps a business in understanding the things that you do wrong and other areas of improvement that help you grow your business.

  3. Motivate your employees: For many years McDonald's has had a strategy of treating their customers as the number 1 priority and the employees as number 2 priority. For most businesses the front line employees like the ones at the cash register or in after sales services are the primary touch-points for the customers. How the customer facing employees behave significantly impacts the brand image of the company and therefore sales. A little word of encouragement to your employees and urging them to be polite and cheerful lifts up their spirits and in turn the spirits of the customers that interact with them and help you boost sales.

  4. What sells together? You need to understand what gels well with the products that you are selling and then display them together. For this reason you see fancy lighters stocked up near cigarettes in many stores. You need to look at customer purchases and then figure out which two things have got a bigger correlation and then keep them closer so that when the customer buys one, they are urged to buy the other one.

  5. Focus on existing customers: The cost of acquiring a new customer is significantly higher than the cost of nurturing and maintaining existing customers. Businesses sometimes have a tendency to take their existing customers for granted and only look for new ones. Avoid this pitfall and build relationships with your existing customers and focus on them so that you can sell more to them.

By following a common sense approach to building your customer base you can be in a position to improve sales and profits without having to spend extra money on these initiatives.

 


 

 

Ending a Partnership (Partnership Dissolution) 

PARTNERSHIP DISSOLUTION

How to end your partnership and complete the business entity.

A lot of people go into business with family, friends or investors, and many of them decide to form partnerships. As a legally recognised business entity, a partnership can be formed between 2 or more people who intend to make a profit with their business venture. Though easily formed, many people often find that partnerships are difficult to end properly. It is usually necessary to draw up a suitable Partnership Dissolution Agreement to ensure the completion of the partnership is successfully achieved. If you are in a partnership and want to dissolve it, here is what you need to know?

WHAT IS A PARTNERSHIP DISSOLUTION AGREEMENT?

It is just what it sounds like it is. A Partnership Dissolution Agreement is a document drafted to officially end the existence of a partnership. Since a partnership is a legally recognised business structure, a written agreement must be completed before the partnership can officially be concluded. A Partnership Dissolution Agreement allows all the members of a partnership to do this with ease.

WHAT IF WE CAN'T AGREE TO THE DISSOLUTION?

If the partners cannot come to an agreement as to how they will end the partnership, they usually will have to refer to the terms of the original Partnership Agreement. Additionally, if the Partnership Dissolution Agreement is signed and agreed to by all parties, but in the process of dissolution a conflict arises that cannot be settled, the agreement should include a method for settling such disputes. This is usually accomplished by the inclusion of an arbitration or mediation clause in the dissolution agreement.

WHAT DO I NEED TO INCLUDE IN THE PARTNERSHIP DISSOLUTION AGREEMENT?

Before you can successfully end the partnership, you must ensure the dissolution agreement includes some needed information. The document will have to state what the various partner's interest are, what kind of distribution of assets or debts will take place, the date of dissolution, etc. The details of a dissolution agreement must be complete and make it clear to all parties what happens to the partnership assets and interests. If the partners are to receive payments or portions of the partnership's liquidated assets, these amounts will have to be stated in the agreement.

DO WE HAVE TO INCLUDE A FINAL FINANCIAL ACCOUNT?

Almost always. Before the partnership can conclude business, a final financial inventory will have to be made. These are usually incorporated into the Partnership Dissolution Agreement, either by reference or directly.

The decision to conclude the business of a partnership is one that needs to be prepared for by all members. No matter the reason for concluding the partnership, you must ensure the process is completed effectively. A properly drafted Partnership Dissolution Agreement will make it clear what each partner's rights and obligations are. The business of the partnership will be concluded simply and without conflict if you create a good dissolution agreement. If you create an unclear document, ending the partnership may be more trouble that it was to run it.

 


 

 

Exclusive Agency Agreement or Contract - What You Need To Know 

Sole Agent Information and Advice

Sample Agency AgreementEXCLUSIVE AGENCY AGREEMENT

Use an agency agreement to grant exclusive agent rights.

Some businesses lend themselves to close relationships between parties. Salesmen who are assigned a certain territory, literary or talent agents who represent an actor or author, as well as other close business affiliations all demand a very specific business relationships: the exclusive agent-principal relationship. Whenever you intend to permit someone to act on your behalf exclusively, or you are the person who plans on acting on another's behalf, you need an Exclusive Agency Agreement. Here is what you need to do to make sure your agreement is suitable:

WHAT IS AN AGENT-PRINCIPAL RELATIONSHIP?

Whenever one person agrees to allow another person to act on their behalf, they have entered into an Agent-Principal relationship. The agent is the person who acts on behalf of the person who hires them, called the principal. Agents can agree to deals as if they were the principal, making legally binding agreements that will be binding against the principal.

WHAT IS AN EXCLUSIVE AGENT?

An exclusive agent is one with special, exclusive rights that no other agent can have. A principal can hire an Agent to represent their business interests in a certain territory, industry or region. They can also hire an agent to represent specific properties, or for specific times, or any number of other constraints. The key difference between an Agency Agreement and an Exclusive Agency Agreement is that the exclusive agent is the only agent entitled to act on behalf of the principal, in as much as is specified by the agreement.

DOES BEING AN EXCLUSIVE AGENT MEAN YOU ARE THE PRINCIPALS ONLY AGENT?

Maybe. Depending on the kind of agreement you enter into, a principal can have numerous agents, all of whom are granted Exclusive Agency Agreements. For example, a manufacturer may enter into an Exclusive Agency Agreement with numerous sales professionals, all of whom have exclusive rights. These agreements will typically limit the agent's exclusive rights to a specific territory or product.

HOW DO I ENTER INTO AN EXCLUSIVE AGENT AGREEMENT?

Depending on whether you are to be the principal or the agent, you first need to determine what your needs and desires are. Some agreements will be very broad, while others will be much more specific. No matter what, it is up to you to ensure the terms of the agreement accurately reflect what you want.

WHAT NEEDS TO BE STATED IN THE EXCLUSIVE AGENCY AGREEMENT?

This varies by situation, but there are several things that must be included in any agency agreement. Each party must know what rights the agent has, what obligations the principal has to the agent, the manner of termination of the agreement and many more. If the agreement covers sales or commissioned sales, these factors need to be included as well.

Like any good contract, the Exclusive Agency Agreement needs to be specific, complete and easy to understand. Since the agreement will serve as the basis for a close business relationship, it is in the best interests of both parties to be sure they are comfortable with all the terms of the agreement before they enter into it. A strong, properly formed Exclusive Agency Agreement can be the foundation to a solid relationship, while a poorly formed one can lead to numerous problems down the road.

 


 

 

How to assign or transfer a lease to someone else. 

There is a way to transfer an existing lease....

ASSIGNMENT OF LEASE AGREEMENT

How to assign a lease to someone else.

If you are leasing a property such as a house, home unit or commercial premises, you may come to the point where you no longer wish to use the property. Unfortunately you are still obligated to honour your commitment by the terms of the lease to continue paying the rent and maintain the property. If you find yourself in this situation, you may want to consider assigning the lease to someone else. A transfer of lease, although similar to a subletting the property, is a simple contract you can enter with someone else so they accept responsibility for your lease obligations. However before you do, there are a few things you should know;

WHAT IS A LEASE ASSIGNMENT? A lease assignment is an agreement where the current lessee (the person responsible for fulfilling the lease obligations) enters into a contract with a new party "called the assignee". The assignee essentially agrees to take over the obligations and responsibilities of the original tenant under the original lease. To put it simply, it's a way to get someone else to take your place in the lease, with the new party taking on all the duties under the original lease.

WHEN CAN I USE A LEASE ASSIGNMENT? You can feasibly use a lease assignment whenever you are leasing a property. Be it an assignment of a real estate lease,an automobile lease or anything else, you can generally assign the rights and duties under the lease to a third party in almost any circumstance. You may or may not have to first get the lessor's permission before entering into an assignment of lease agreement, but that depends upon the terms of the underlying lease.

WHAT IS THE DIFFERENCE BETWEEN SUBLETTING AND ASSIGNING A LEASE? When you sublet all or part of the premises to another tenant you are still obliged to honour your obligations under your lease contract with the owner of the property. If you choose to Assign all your rights and obligations under the lease to another party, you would use an Assignment of Lease agreement. Under an Assignment of lease agreement, the new tenant agrees to assume all those rights and obligations on your behalf and indemnifies you against any further obligation to the property owner.

HOW DO I ENTER INTO A LEASE ASSIGNMENT? As with any business agreement, to ensure there are no misunderstandings, you are best advised to have your assignment of lease agreement in writing. The agreement should refer to the terms of the original lease, as well as state what each party will or will not be responsible for under the terms of the assignment. For example, you may enter into contract of assignment where by the new party "the assignee" agrees to do everything required by the tenant under the original lease, except pay the rent. The original tenant "the assignor" might agree to pay the rent and accept a smaller (or even larger) payment from the assignee.

WHAT DO I NEED TO KNOW BEFORE I ENTER INTO A LEASE ASSIGNMENT? At a minimum, you'll need to know the terms of the original lease, including the length of the lease, any legal regulations regarding the assignment and the new terms. You'll also want to make sure each party reads the Assignment, completely understands their obligations and signs it.

Assigning real-estate or property leases to other people can be a very effective tool in the right situation. Whether you want torelocate your business, travel the world, or simply don't want the responsibility under the lease any longer, you can use lease assignments to your benefit. A well-crafted Assignment of Lease Agreement will spell out each parties duties and shield you from potential liability.

Sublease Agreement Template

Assignment of Lease Agreement Template


 

 

What is Vendor Finance and is it right for you? 

"VENDOR FINANCE"

Why Vendor Finance?

Vendor finance is often offered as a deal closing tool to help the sale of a business. It is intended to strengthen the relationship between you and the buyer. Vendor financing can help the buyer to establish a good banking relationship with a lender and your benefit can be a shorter selling cycle.

What is Vendor Finance?

Maybe the price of your business is $500,000 and you have someone willing to pay the price. But it could be the buyer who cannot raise the full purchase price. This is quite common for business loans and the reasons include lack of security for a loan. Mostly people end up putting their house forward as security if they have enough equity in it. With falling house prices this has become more difficult. In the current economic climate it is harder than ever to get a loan to buy a business. In 12 months time it may be easier for business buyers.

Say you are the vendor and you have a buyer willing to offer you the purchase price and can only raise $250,000. As the vendor you can negotiate an agreement where the buyer pays this amount and agrees to pay the rest either as one or two installments over a couple of years.

There are many options you can negotiate but make sure you protect yourself. You can also charge interest on the outstanding amount and you should take some security for the money the buyer has borrowed - a house, even the business itself. This way, if the buyer defaults on the loan you at least get something in return.

Advantages of Vendor Finance -The most obvious advantage of vendor finance is that you can sell your business quickly. You don't have to wait around for someone with access to enough money to come along.

You can achieve a much better selling price and terms with creative thinking.

For example, take the Farrier who trained apprentices over the years, and is ready to retire and wants to sell the business. Working with horses and their feet is a highly specialised business and the most obvious buyer is the employee. The employee may not have the cash or borrowing capacity to buy the business outright so the Farrier suggested a deal. It could be that 50% of the asking price upfront and further payments are made when set milestones are reached.

Get advice from your Accountant and Lawyer about structuring vendor financing terms and conditions, there are tax implications to consider so get expert advice.

The other benefit of vendor financing is that you are showing confidence in your business and its future. In many industries it is normal for vendors to sell their businesses in installments over a 3 year period.

In many countries vendor finance is a common form of financing business sales. But, in other countries, business brokers tend to discourage vendor finance simply because there is no commission in it for them.

Selling your own business is something you can do, and do better than anyone else - no one has the information and knowledge of your business like you do. Get more information about this at www.sellingbusiness.com.au.

Disadvantage of Vendor Finance -

The biggest disadvantage of vendor finance is you are still tied to the business. There is the chance the buyer will go out of business before you get paid or some other unforeseen problem could arise.

The other disadvantage is you have to wait for your money. Interest is charted on the outstanding amount to at least earn something on your investment.

You can end up with the business back in your hands if the buyer defaults on the loan. Whatever the terms of the vendor finance you agree to make sure you get a large part of the payment upfront, probably not less than a third of the total price. There is nothing worse than selling your business and the buyer does a bad job. If you have no money upfront - you lose everything.

 


 

 

 

What is an Information Memorandum 

 

In a Sale of Business the Information Memorandum is Vital.

 

Information Memorandum

The Information Memorandum is a marketing document used by the vendor to promote their business to a potential buyer. The aim of the document is to make the business sound attractive to buyers, and also to convey all significant information to parties who are already interested in making a purchase.

A good Information Memorandum will predict all the questions a potential buyer might have about your business. It should contain a description of the business's history, its past achievements and future prospects, as well as the particulars of its operation.

For More Information on Selling a Business, Appraisals and Valuation Kits and all the necessary legal documents and forms click here

 

 


 

Online Legal Services and You 

The Economic Realities of Online Legal Services

According to a recent study, "an estimated four-fifths of the legal needs of the poor, and the needs of two-to three-fifths of middle-income individuals, remain unmet."

Recent advances in technology and increased access to the Internet have made it possible for companies other than law firms to deliver document preparation services to these market segments.

Online legal document preparation services provide alternative legal solutions to the vast numbers of people who have unmet legal needs either because they are unable or unwilling to pay for professional legal advice.

Although such services are not without potential problems, proper quality controls can ensure that the benefit from these services outweighs any potential harm.

The diversity of legal documents available online is staggering. As long as you have a computer and a connection to the internet you can purchase a will, divorce, prenuptial agreements, power of attorney, or joint tenancy agreements, just to name a few of the thousands of documents available.

Online document providers not only offer documents to individuals, but businesses can find human resource forms, partnership agreements, commercial leases, non-disclosure greements, and joint venture agreements among many other business documents on offer.

Online Document Preparation Services

offer numerous economic benefits. In order to discuss the economic impact of such products on society it is useful to divide the marketplace for legal documents into two groups.

Group one consists of people with the resources to pay for professional legal advice and document preparation.

Group Two includes people who cannot afford legal counsel to complete their document, and must therefore seek alternative solutions.

Although Group One can afford an in-office solicitor consultation, it should be noted that many people in this group often seek out cheaper, more convenient alternatives.

It is also viable to combine the people from Group One who would seek out alternative solutions with those from Group Two who have no other option. This market includes people who need a legal solution, but find consulting a solicitor 'too costly, excessively time consuming, too cumbersome and convoluted, or just plain forbidding'. Because of these constraints this significant group of people usually leaves their legal needs unmet.

For example, an online service can prepare a document that a court will accept providing Group Two with a solution to their legal problem that they otherwise would not have had. If Group One purchases the same document online it benefits from the cheaper alternative because it has spent less money for the same result. If Group One pays a solicitor to prepare the document, it spends more money for the same result.

Opinions as to whether a software program can generate an effective complex legal document vary widely. Let's use a Will as an example. If you know your own mind and have good will-drafting software-which can instantly produce all the magic phrases -drafting a sound will requires a very modest investment of time. However, it can be argued that while there is a great deal of standardized technical language in any estate plan, the give and take with a trained solicitor in developing the plan should not be under estimated when dealing with complex issues.

For the sake of discussion, assume that a will prepared by a solicitor costs more but has a higher probability of meeting the testator's goals than one purchased online. In these circumstances, Group One is better served buying the document from a qualified solicitor Because they will gain greater benefit in the future, this will outweigh the added cost of having the will prepared by the solicitor.

However, if the added cost of a solicitor-prepared document outweighs the benefit, then the individual may be better off purchasing a document online. Group Two benefits from purchasing their document online regardless, because they have a document that accomplishes at least some of their goals that they would not have been able to afford otherwise.

To illustrate, suppose that Group One has the choice of purchasing a will from a solicitor for $500, or purchasing one online for $20. Further suppose that the will prepared by the solicitor has a ninety-percent chance of accomplishing a benefit to the estate of $2,000 over having no will, while a will purchased online has a seventy-percent chance of accomplishing the same benefit. Under these circumstances, the risk cost of purchasing a will online versus paying an attorney to prepare it is $400 and is not high enough to justify the added $480 in cost. Group One should purchase the will online.

However, suppose that the will prepared by the attorney has a ninety-percent chance of accomplishing a benefit to the estate of $5,000 over having no will, while the will purchased online has a ten-percent chance of accomplishing the same benefit. In this case, the risk cost of purchasing a will online versus paying an attorney to prepare it is $4,000 and certainly justifies the added $480 in cost. Group One should purchase the will from a solicitor. In either case, Group Two is better off purchasing a will online than having no will at all because it has at least some chance of realising the benefit to the estate.

Online document preparation clearly benefits Group Two in almost all circumstances. It gets the benefit of legal protection that it would otherwise be unable to afford. As long as the documents purchased online are of acceptable quality, they are better than no documents at all.

Online legal document preparation services provide an important alternative solution to millions of people who currently have unmet legal needs. As the quality of documents produced online increases, society benefits more from these services.

Online Legal Services

 


 

 

Retail Tenancy Form, Retail Shop Lease Commercial Tenancy and Retail Shop Lease Agreements 

Retail Shop Lease Commercial Tenancy and Retail Shop Lease Agreements

Commercial Retail Shop Tenancy leases and laws

Retail tenancy laws through out Australia have been developed to protect the interests of small business consumers and to assist in levelling the playing field for the parties involved. They seek to provide this protection by making sure that prospective tenants have sufficient information to make a sound business decision about entering into or renewing a Retail Shop Lease rental Agreement.

The type of lease you enter into will depend on a number of factors, including the premises itself and what you wish to use it for. Each state has its own Legislation or Act that defines the type of premises and whether the act will apply. Whether you are a landlord or a tenant its imperative you understand your rights and obligations under the relevant Act and honour your obligations under the lease agreement to ensure you stay out of the legal minefield.

The retail tenancy law is very clear in most Australian states:

A landlord in a retail lease must not, in connection with the lease, engage in conduct that that is misleading or deceptive to a tenant or guarantor. A party who suffers damage by reason of misleading or deceptive conduct of another party may make a claim for compensation.

Because the laws are different in each state we've outlined the requirements of each state on the following pages

All of your rights and obligations are contained within the following Acts.

  • New South Wales: The Retail Leases Act 1994
  • Northern Territory: Business Tenancies (Fair Dealings) Act.
  • Victoria: Retail Leases Act 2003 and the Retail Leases (Amendment) Act 2005
  • Western Australia: Commercial Tenancy (Retail Shops) Agreements Act 1985
  • Queensland: Retail Shop Leases Act 1994
  • South Australia: Retail and Commercial Leases Act 1995
  • Tasmania: Fair Trading (Code of Practice for Retail Tenancy) Regulations 1998
  • ACT: Tenancy Tribunal Act 1994 and the Commercial and Retail Leases Code of Practice.

 


 

 

Using a Consultant? What You Need To Know About Consulting Services 

Consultancy Agreements:They Have You Covered!!

 

Hiring a Consultant has many benefits. One of these is the clear non-permanence of the association between you and the consultant. Hiring consultants lets you avoid the considerable tax and administrative costs that are part and parcel of hiring and preserving regular employees. It also gives you access to specialised skills and expertise that may not have been available in your own business organisation.

Unfortunately, there are also drawbacks to hiring consultants. While most consultants are conscientious professionals, there are no guarantees to this effect. To protect yourself and your business interests, you should carefully dot the i's and cross the t's. In other words, you should draw up a consultancy agreement.

The following are specific reasons for using a consultancy agreement in business:

  • Formally set up consultancy relationship

A consultancy agreement formally sets up the relationship between you and the consultant. Thus, there is no room for ambiguity about the nature and status of the consultancy relationship; both parties know the relationship exists and the consultancy agreement makes it formal and legal.

This makes it easier for you to seek compensation later for any damages that may arise out of your association with the consultant and out of the work the consultant has done for you. Furthermore, a formal consultancy agreement also makes it easier for you to prove that you hired a consultant, not an employee, and are thus entitled to the tax benefits associated with hiring consultants.

  • Clearly define the consultant's duties and responsibilities.

A consultancy agreement defines what is expected from the consultant. While it is more than possible to get satisfactory results even if you have verbal agreement with your consultant, it is better to safeguard your interests in case you don't get the results you expect.

A consultancy agreement gives you legal recourse if the consultant fails to honour your agreement. Apart from giving you legal recourse in case the consultant fails to deliver. A consultancy agreement also serves as a handy guide for the consultant if he needs or wants clarifications about what is expected in his or her ability as consultant.

  • Define subcontracting responsibilities

While it is true that your control over the consultant you hire mainly lies in the "what" (i.e. The result) and not the "how," you do have some leeway over the consultant's methods of performing his or her duties and responsibilities to you. Specifically, you have control over whether your consultant may subcontract the tasks related to your project.

Through a consultancy agreement, you can specify whether the consultant is allowed to subcontract his or her tasks to other entities. In case subcontracting is allowed, the consultancy agreement outlines the conditions which have to be met for subcontracting permission to be granted. Finally, a consultancy agreement makes it unquestionably clear the consultant has complete responsibility for ensuring the quality, compliance and timeliness of the output named in the agreement.

  • Limit and Define Compensation

A consultancy agreement usually specifies the amount payable to the consultant for his or her services. It also outlines which of the consultants' expenses are covered by the consultancy fees. Typically, the face value of the award is inclusive of the administrative and operational costs involved in performing the consultant's duties and responsibilities.

Thus, the consultancy agreement protects you against arbitrary claims made by the consultant that you are responsible for his or her costs (for example Telephone bills, office space rental, office equipment buy or lease,), taxes and other costs. This also protects you in case the consultant belatedly decides the fees you have agreed to pay are, after all, not enough compensation for services delivered.

  • Know what to expect and when to expect it

The consultancy agreement typically has a schedule listing the consultant's responsibilities. It breaks the output needed of the consultant into tangible deliverables with definite deadlines.

Through a consultancy agreement, therefore, you know exactly what you can expect from the consultant and when to expect it. This gives you the ability to confidently plan other projects that depend on or complement the project on which your consultant is working.

  • Protect your intellectual property rights

A consultancy agreement also usually specifies who has intellectual property rights over the contract materials (that is The output needed of the consultant) and the know-how produced during the consultancy relationship. It also states that rights to the materials and know-how that your company brings into the relationship remains yours throughout the duration and after finishing the agreement.

Thus, a consultancy agreement protects your intellectual property rights. This gives you full legal protection in case the consultant infringes on your rights over the materials and know-how produced by the agreement and the project.

  • Protect yourself against conflicts of interest

A consultancy agreement also says the consultant confirms that no conflict of interest exists at the beginning of the agreement. It also outlines the steps to be followed in case a conflict of interest does arise during the consultant's performance of his or her duties to your company.

This specific clause of a consultancy agreement protects you against actions by the consultant that may be harmful to your business interests. In case the consultant enters the agreement with full knowledge that a conflict of interest exists (or in case the consultant does nothing to tell you of a conflict of interest arising later when the project is underway). You have legal protection and right to seek legal compensation for the consultant's breach.

  • Ensure confidentiality and non-disclosure

A consultancy agreement also obligates the consultant not to disclose proprietary or sensitive information to which it is given access by your company during the project. Furthermore, in cases where an intellectual property resulting from the project cannot be patented or copyrighted, the consultancy agreement has a clause obligating the consultant to keep such property confidential.

The consultancy agreement therefore protects your primary claim to and ownership of proprietary information and materials even when such falls under the unprotected intellectual property category. The consultancy agreement, also, vests in you full ownership and control of sensitive and proprietary information which you have no choice but let the consultant access. A consultancy agreement gives you legal protection in case the consultant fails to keep your intellectual property confidential or is careless enough to disclose proprietary information that has been named in the non-disclosure clause of the agreement.

  • Indemnity against liability and loss arising from legal action by outside parties.

Since you do not have much control over how your consultant performs the specific tasks related to your project, a consultant may conceivably violate the law. He or she may even infringe on third-party intellectual property rights - during his or her performance of the duties named in your contract. For instance, your consultant or his or her subcontractor, during designing proprietary software or systems for your business, may use software to which he or she gained access through another project. In this case, the third party whose intellectual property rights have been violated has choices. To file a claim to stop you from using or distributing the output that resulted out of your consultant's infringement of intellectual property rights or may even ask the proper courts to award them damages from the same.

A consultancy agreement protects you as it states that the consultant indemnifies you against claims (intellectual property rights violation, loss to life and property,) that arise out of the consultant's or his or her subcontractors' illegal actions, omission or negligence.

  • Facilitate dispute resolution and ending of the contract.

True to any other contract, the consultancy agreement usually has rules for relationship breakdowns. The consultancy agreement will guide you about what forms legitimate early ending of the contract, default on the consultant's part and how disputes between you and the consultant may be negotiated and resolved.

MORE INFORMATION HERE consultancy agreements

 


 

 

 

How and Where to Market a Business For Sale 

CREATING YOUR AD AND HOW TO MARKET YOUR BUSINESS FOR SALE

 

After going to all the trouble of preparing your business, and collecting the necessary information for its sale, it's important not to rush the advertising portion of the process. By posting limited, ineffective ads you may only receive calls from buyers whom you consider unqualified and unprofessional. In short, if you are not thorough in your marketing you might be wasting a lot of time, both for yourself and potential buyers.

A basic idea for most classified ads is to whet the potential buyer's appetite. You want legitimate offers, so avoid big promises and overstated claims. Try to write your ad in layman's terms; industry talk and technical terms may discourage potential buyers.

The More the Better.

Your goal is to whet the appetite, but in this case less information is not more. Common thinking suggests that buyers will be more likely to call if they are teased by your ad. In most cases the effect is the opposite. Buyers will bypass your business if they feel there is too little information.

More information gives buyers a sense of security: they may feel they already know a lot about you and your business just by reading your ad. If you include enough information in the description section the buyer will be pre-qualified when they contact you-this saves both parties a lot of hassle. Buyers feel more trustful of a seller with comprehensive advertising, which helps when it comes time to negotiate a sale

Serious buyers find it helpful if you put some of the following information in the detail section of your ad:

  • Length of time in business, business history

  • Number of employees

  • Information on the geographic area surrounding the business (very important for lifestyle retreats/B&Bs). If you are selling the property with the business, be sure to include the square footage or acreage and the property's value.

  • General industry info - how it's growing, changes etc.

  • How you would grow the business in the future - give them a "vision"

  • Include photographs of the business. Make sure they show a clean and well looked after premises. Photos on the business for sale websites get more buyers. You may think buyers would be more interested in the info behind the photos, but photos are an easy way to transmit the essence of the business to a large amount of eyes.

  • True adjusted net income (know precisely how you arrive at this figure)

  • Competitive analysis

  • Include any business website. Is the business computerised?

  • Multiple phone numbers ensure you can be reached at any time

  • You may wish to offer to stay on during the transition to the new owners. If so, indicate this.

 

Including this information will improve the quality of the calls you receive from buyers, and you will spend much less time answering the same old questions.

 

Get their attention - 'featuring' your ad improves exposure

Find out if your business sale advertising site has the option to 'feature' a business on the front page. This also usual means the ad will automatically appear at the top of listing results or in its own picture bar on each page-serious buyers will see it repeatedly and respond quicker. This option is usually worth purchasing.

 

 

FOLLOWING UP ON THE AD

Keep tabs on your advertising results

After posting, check that your ad ran properly in your chosen outlet. Track your results. Find out where each caller or emailer came across your ad. Once you have determined where the better, more qualified buyers are coming from, focus your advertising on that outlet.

If you do post your business online, make sure your anonymity is maintained and that any enquiries are made through a 'contact form' on the site or if you wish by a phone number you want to use.

The first month is critical

First impressions count. A huge number of interested buyers will see your ad when it first comes out. Having sufficient information in your ad, and being able to explain any peculiarities over the phone, will give you a greater chance of meeting with buyers.

Get back to potential buyers immediately

One of the biggest complaints from business buyers about advertisers is that they take too long to respond. Always return calls and emails promptly, within 3-6 hours as a rule. You are in competition with others, trying to sell their own business, and they are calling and emailing others while you wait.

Don't stop marketing/advertising until the check comes

Half of all offers to purchase businesses are never finalised. Keep your advertising running until you have the check from the buyer. Have backup buyers at all times. Never stop taking phone calls/emails from potential buyers: record their names in a folder and follow them up if things go south with the current buyer. Don't let things stagnate while waiting for any one buyer.

 

OUTLETS

Deciding where and how to advertise

Advertising your business for sale on general online listing sites, in residential housing magazines or on television will not be the most efficient way to market your business.

The best results come from advertising in a medium which specifically targets the largest number of prospective buyers. Good advertising must cater to likely buyer groups. For this reason, advertising your business on a dedicated business sales website, and representing it in a business specific format, is the preferred option when seeking more qualified buyers.Make the entire process easier on yourself and advertise in the right medium.

Selling your business through a site catering specifically to business buyers will maximise your exposure to quality buyers in all areas local, national, and international.Limiting your advertising to one or two mismanaged or misplaced ads only exposes your business to a small portion of the buyer field. Clumsy advertising may also inadvertently alert employees, customers and suppliers that the business is for sale, a fact you may not wish to disclose early on in the sale process.

Advertising in the classified section of local or national newspapers, the trading post or specific business sales magazines is a good backup to internet exposure. Put small ads on local notice boards if you are comfortable with people knowing you are selling a business. With these methods you are getting your business in front of a group of people who may not use the internet on a regular basis.

Discretion

  • Selling your business may require you to maintain a level of secrecy. You may not want your competition to attract customers concerned about a transfer of owners, nor have employees leave the business prematurely.

  • Fortunately, there are ways to advertise without revealing too much about yourself or your business. Non-identifying classified ads can be placed in newspapers or online, and you can use a cell phone number or create a blind email address, rather than use the business' contact details.

By following this advice you can improve the marketing of your business for sale. Using these techniques will give you a head start to a successful sale.

This sale of business site can offer you a great marketing opportunity AND some bonuses and services you won't find anywhere else. It is a small investment with huge potential.

 

Common Sale of Business Mistakes 

Common Sale of Business Mistakes

Common Reasons Why Businesses Don't or Won't Sell

 

Don't Overprice the Business

A business won't sell if the asking price is to high. Do some research of your area to find out what the market value is for your type of business.

 

Not Enough Iinformation

A lot of business sellers try to sell without giving enough detailed information to potential buyers. Most buyers won't buy a business that has little information to show that it's a worthwhile investment.

Giving clear and detailed information not only encourages a buyer to buy, but it also gives their accountant and financiers good figures to work with. The best way to evaluate this is to ask yourself "what would I want to know before buying a business"? then supply more than that.

The more details you can supply the greater your chances of a successful sale.

Limited Marketing and Advertsising

Whether you are selling a business yourself or using a business broker, you will have to pay for advertising. There are many ways to get great exposure at very little cost? Using an online Selling Business site is a great way to get your business in front of many potential buyers.

You can't sell something if people can't see it!

Lack of Effort and Preparation

Without being willing to talk to prospective buyers and being prepared with answers to any questions they may ask, you won't succeed in selling your business. Obviously not all buyers will buy your business BUT you should be ready to spend time talking to people who may appear to be wasting your time

Have information ready immediately to avoid losing their interest. But don't give it all up at once, only make certain information available. If negotiations continue and the prospective buyer seems serious then you can give up some more important details.

In the end it comes down to this; without preparation, effort and time on your part then your business will not sell.

Trying To Sell What No One Wants

It may just be the case that your business is in such a niche style that there is no call for it. You may have loved doing it but you might struggle to find someone else with the same enthusiasm. Test the market first just to get an idea. If the local area doesn't work then advertise further afield and try tempting someone who is looking for a complete change.

Bending the Truth

A lot of sellers go to all the effort and expense of trying to sell their business only to have it all fall apart during the due diligence period.

They have bent the truth about their business and now the buyer no longer trusts what the seller says.

Don't try and cover up or hide anything. If there are problems fix them, if you can't or don't want to make sure this is reflected in the asking price

 


 

 

How to Rent Property with an Option To Buy 

REAL ESTATE OPTION AGREEMENT

How to make a real estate option contract.

Buying, selling and leasing real estate can be one of the most profitable business decisions you can make. It can also be disastrous if you don't know what you are doing. Many investors use real estate options when they decide to buy or sell a property. Why? Because unlike standard real estate transactions, an option allows a potential buyer to purchase the property almost unilaterally. An option to buy real estate is essentially a delayed purchase, where the purchaser is granted the right to buy the property at a later time. If you are considering using real estate options, this is what you need to know:

  • WHAT IS AN OPTION? Unlike standard contracts where the buyer and seller agree to transfer the property on completion, an options contract allows the buyer to purchase the property at a later date. Options are usually time limited, and price specific. This means that you have the option to buy the property within a certain time period at a stated price.

  • ARE THERE DIFFERENT KINDS OF OPTIONS? Yes. The most common Real Estate Options Agreement cover two situations: pure option to buy, or lease with an option to buy. Leasing a property with the option to buy it is by far the most commonly met real estate option, and is essentially like renting a flat but being allowed to buy it if you wish. A'pure' option grants the option holder the right to buy the property in a certain time period without having to lease it.

  • DO I HAVE TO PUT MONEY DOWN? Usually, but it depends. A Real Estate Option Agreement usually involves the potential buyer offering some consideration (money) in return for the option. Depending on the terms of the agreement, you may be entitled to the option only on certain conditions or a certain amount of payment.

  • CAN THE SELLER LET SOMEONE ELSE BUY A PROPERTY IF I HAVE AN OPTION ON IT? Not usually. One of the more powerful terms of a Real Estate Option Agreement includes the right for the option holder to stop any other transaction on the property. For example, if you hold an option to buy a property and the current owner decides to sell to another party, you can often stop the sale or at the least receive damages for the sale.

  • CAN I TRANSFER MY OPTION TO SOMEONE ELSE? Sometimes you can. A Real Estate Option Agreement often allows for the option holder to transfer that interest to another party. What this means, is that you can sell your option to someone else just like it was any other property. Of course, the Real Estate Option Agreement must allow for this.

The use of Real Estate Options Agreements can be powerful tools for both investors and sellers. All parties involved need to be sure they have drafted suitable agreements that will satisfy all required statutes and laws. Everyone using Real Estate Options Agreements need to be sure of their positions, and the only way to do that is to make your contracts as precise and easy to read as you can.

For More On Real Estate Options Please Go Here

 



 

 

 

 

Preparing A Business For Sale 

How to Prepare a Business For Sale

Looking at your business through the eyes of a prospective buyer is the most important way to approach selling anything. Know the strong points and the not so strong points of your business. Have a business preparation checklist to go through when getting the business ready for inspection by potential buyers. This is very important in the sale of any business.If you want to get the best price for your business it needs to be attractive and ready to go to a new owner. An under prepared business will more often than not be sold under its true value.

  • Some Important Things To Address Are:

    Be sure the accounts records are accurate and up to date. Have explanations ready for any odd looking accounts data. People who are buying a business will view it as an investment. If your business accounts are not in order it gives a bad impression and buyers may hesitate to invest in your business.

  • Be sure that all the legals are up to date and accurate.

    These may include leases, supplier contracts, staff contracts, etc. If a buyer sees these as accurate and up to date in a business for sale it will show you have made an effort to make the transition to a new owner an easier one.

  • Remove Any Weak Points.

    If your business for sale has some aspects which aren't as succesful or efficient as they could be then make changes to bring those up to scratch. In the eyes of a buyer, an efficiently run business is equal to 'less work' and 'more profit'. Potential buyers will look for ways to get the price down. By doing a good job of preparation you will remove the bargaining power from the buyer and give yourself the upper hand when it comes to negotiating the price.

  • Keep Staff 'In The Loop'.

    inform them of your plans, assure them that you will do your best to ensure continuede employment under the new owners if they wish. Contented staff give a good impression to a buyer. If a buyer sees unhappy staff they may be put off from buying a business from you. Try and show that the business 'runs itself' to a certain degree, show the staff are capable and that input from the owner is minimal...again...less work for the new owner.

  • Information Memorandum.

    Have a detailed cover sheet ready for any prospective buyers who may appear - cover everything that you would want to know as if you were the buyer. daily activities, information on any local competition, relevant industry information, the business history. This document is also know an 'information memorandum', it is the most important documentation in the sale of a business. Prospective buyers will use this document to make a decision as to whether they would be interested in buying your business.

As stated earlier, look at everything you do as if you were thinking of buying the business...implement what you would want yourself and you will be well on the way to a Successful Sale of Your Business.

 

For More on Selling A Business Please Go Here

 


 

 

Tenants in common

 

The soaring price of real estate makes getting into the property market hard. The possibility of pooling resources with friends and family to achieve this is appealing.

 

 

The question is…How?

 

 

The answer could be to become ‘tenants in common’.

 

 

 

Tenants in common is a type of joint ownership of property. This type of co ownership is most suited to investment type properties where each ‘tenant in common’ is able to deal with their interest individually. It is vital to all involved that the purchase is documented and regulated by a tenants in common or co-ownership agreement which can outline every aspect of the purchase.

 

 

There can be as many individuals as you like holding a share of the title to a single piece of real estate. The shares in this type of agreement do not have to be equal meaning you can have multiple ‘owners’ with varying shares in the property. These shares are generally decided at the time of purchase, but can be altered at any time, provide all parties agree to the change.

 

 

Each shareholder is able to leave their share of ownership in their will to anyone they choose and the other tenants in common have no legal claim to it. Each tenant in common has the right to deal with their share of the property separate from the others. The share of a tenant in common is known as an “undivided” share.

 

 

An initial outlay or ‘capital’ is needed and then an amont (stated in the agreement) is paid into a ‘revolving’ fund on a pre determined schedule (ie, weekly, fortnightly,monthly). This fund covers all expenses incurred by the property and if these exceed available funds then each party must put in extra money.

 

What if I want to sell my share?

 

 

After an amount of time set out in the agreement, a party can sell their shares. They can be sold to anyone but must be offered to the other parties in the agreement first (known as the ‘first right of refusal’). If the sale is accepted then the selling party will be responsible for the cost of valuation and all of the other costs incurred.

 

 

 

 

These are the basics of becoming ‘tenants in common’. The finer details are all covered in your ‘tenants in common’ agreement.

 

It is a viable and sound way to enter the property market without having to find all the money yourself. Just do it right at the beginning and you can be on the property market ladder sooner than you might think.As long as you have made a ‘tenants in common agreement and all parties have signed and agreed then there can be no arguments in the future.

 


 

 

 

Creating A Financial Property Settlement Agreement When A De Facto Relationship Has Broken Down.

 

 

 

separation agreement

Before the right to create Financial Agreements (FAs) was extended to same-sex and de facto relationships, when such a relationship had broken down, both parties would have had to prepare themselves for some long-winded and tedious litigation through the Supreme Court. Thank goodness, this has now all been changed with the introduction of section 90UD of the Family Law Act 1975 which specifically entitles people in de facto relationships to agree upon what they consider to be a fair distribution of property and financial resources once the relationship has broken down.

 

 

 

Effectively, this now places de facto agreements in the same category as is already enjoyed by married couples. It means that same-sex relationships are apportioned with similar rights to heterosexual couples and this will be viewed as a welcome move by many gay rights groups that have been concerned and campaigning over these issues. 

 

 

How Would You Go About Creating A FA In These Circumstances?

 

 

If a de facto, or same-sex relationship has broken down irretrievably, s.90UD of the 1975 Act sets out that the following procedures would need to be followed in order for a court to recognise and apply a financial agreement. These are as follows: 

 

 

They would need to ensure that both parties seek professional and qualified legal advice. This is imperative and it should help to ensure that each party’s unique situation is evaluated and legally commented upon. If gross unfairness can be identified within the agreement as it stands, the legal advisor will point this out to the relevant partner and they will then only go ahead and sign once they know exactly what they are agreeing to and/or possibly compromising.

 

 

A certificate must be obtained from the applicable legal professional which will attest to the fact that this requirement has been satisfied. It would then need to be added as an ‘annex’ to the main written legal document which will make up the FA.

  

 

The FA will need to specify the extent of any relevant spousal maintenance to be provided. It will need to be signed by both people and a copy will be retained by each. 

 

 

Provided all of the steps have been taken above, the court should not scrutinise the FA to ensure that it is just and equitable. The court would only tend to set a FA aside if there were fundamental flaws with the documents (e.g. the FA had been created in a fraudulent manner).

 

 

It is also important to note that a person can only enter into a FA if they are not already party to such an agreement with another person. 

 

 

Swifter Resolution At The End Of A Relationship

  

 

This type of post nuptial agreement should help to ensure that any financial matters are dealt with far more smoothly than they may otherwise be. Granted, some time would be required on both sides to conceive the financial agreement, but once a settlement is agreed upon, the FA will provide a far quicker resolution to the question of who gets what. 

 

Of course, to a large extent, at the end of any relationship and at a time when communication between both parties may not be as amicable as it once was, a lot will depend on how quickly an agreement can be settled. Nevertheless, it would probably end up being more prudent and cost effective for the parties to resolve the property and financial implications in this way. 

 

Whatever actions the members of a de facto relationship elect to take when things have broken down, the fact remains that Australian law now provides them with these choices. Gone are the days where there was only very limited avenues that could be pursued in order to resolve such issues. Such de facto agreements now exist to realise a swifter resolution to the distribution of property and financial resources.

 

Our Financial Agreement Review Service is available as an option with this agreement.

 

Separation Financial agreement kits are available for immediate download only $129.95

 

 

How to secure your assets before or during a relationship, or marriage.

What is a Financial Agreement?

A Financial agreement (FA) is a written agreement, which complies with the Family Law Act 1975 (“the act”). A Financial Agreement (FA) can be entered into at any stage of a serious relationship, and even now includes same sex relationships.

 

 

Whilst the main effect of the agreements is to prevent either party making an application to the Family Court for the division of property, The aim of introducing Financial Agreements is to encourage couples to agree about how their  assets and property should be distributed in the event of, or following, ‘separation'. This can be very reassuring if you have already been through the breakdown of a relationship before and it’s much easier to talk about such things while you are still planning to live happily ever after.

 

 

Financial Agreements follow the lifecycle of a relationship and can be entered into at different stages:

 

 

defactogaystraight

Defacto Couples and Same Sex Couples

__arrowPre De Facto 90UB

_____arrowDe Facto / Cohabitation Agreement 90UC

_________arrowAfter De Facto Separation Agreement 90UD

 

 

 

 

 

 

 

 

 

married2

Married Couples

__arrowPrenup / Pre Nuptial Agreement 90B

____arrowPost Nuptial Agreement 90C

_______arrowSeparation Agreement 90C

__________arrowDivorce Agreement 90D

 

 

 

 

 

 

 

The popularity of Financial Agreements shows men and women are taking more financial and legal precautions against a relationship breakdown.  Most see it as a form of insurance -- a legally binding safety net which they hope to never need.

 

 

Many people who are entering into a serious relationship for the second time and already have assets, or kids, like the security of a pre-nuptial or pre defacto agreement.  If you didn’t get round to making one, or if circumstances have changed, couples who are already married or living together can also make a financial agreement. You may even be divorced and find yourself in a situation where you need the certainty of outcome that a Financial Agreement can provide.

 

 

Your FA can deal with children, maintenance, property of the parties, among other things or you may choose to deal with only one of these issues.

 

 

Remember FA are intended to be used at any time during the life cycle of a relationship.

 

 

Is a Financial Agreement going to prevent any future court action?

 

 

The Agreement will lessen the chance of needing to go to court but you can never eliminate access to the Court, regardless of how your agreement is worded. If one party hides an important fact the other party can always go back to court and it is up to the court to decide whether to intervene and overturn the agreement.

 

 

One might think that a Financial Agreement needs to be fair to both parties, however this is not necessarily the case. Should your agreement come before a court, the courts will not dismiss or set an agreement aside simply because it favours one party over the other. This is because section 90G of the Family Law Act requires both parties receive independent legal advice before they sign the agreement. This process ensures that both parties understand the advantages and disadvantages, financially or otherwise, of signing the agreement and it prevents either party going to court with the excuse that they didn't know what they were signing at the time.

 

 

Sitting down with your partner to work out what your agreement needs to achieve, before you both run of to the lawyers, will save you considerable time, money and anxiety.

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