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 COMMERCIAL

Leases Of Commercial Premises, Purchase Of A Business, Sale Of A Business, Company Incorporation, Partnership Agreements, Finance. 

View the New Zealand Law Society commercial brochures.

Partnership Agreements
Clients who enter into a business arrangement with another partner must have a Partnership Agreement in writing setting out the arrangements between the parties. There are often aspects of the relationship in a business sense which people do not think of. You must obtain legal advice first. Such agreements can be very helpful with your accountant to obtain the best tax result.
Leases
It is important for clients to be aware of the distinction between an Agreement to Lease and a formal Deed of Lease. The detail with regard to each is important to landlord and tenant respectively. A tenant in particular needs to know the extent of the tenant's obligations. These are not always clearly set out in an Agreement to Lease. Legal advice is essential.
Company incorporation
This can now be done easily "on line". There are important considerations before establishing a company which clients need to be aware of. It is important to know the extent of protection that the incorporation of a company provides. When incorporating a company a choice of name must be made. The name can be officially reserved at an early stage. It is also important to consider the mix of shareholding and control. Frequently a separate Partnership Agreement is necessary or desirable.
Finance
If clients have a range of structures available (sole trader, partnership, company, family trust etc) accounting advice and legal advice together can provide the best result. This could also lead to the best form of financial structure.
Business purchase or sale
Buying a property is a big investment. Get clear on restraint of trade, intellectual property, purchase price, transfer of goodwill, plant and equipment, stock etc. Agreements for sale of business including transfer of business names and assignment of leases. Purchase and sale of companies including transfer of shares, shareholders agreements, registration of new companies, leases and agreements for leases.
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