Finance & Securities Articles
Starting a New Business? Tax Incentives – Tick. What Else?
May 13th, 2015 by | Business Sale & Purchase, Commercial Transactions, Employment, Finance & Securities, Franchises
If you have been thinking about starting a new business, now might be a great time with the introduction of a number of significant small business incentives set out in the Federal Budget for 2015/16 announced on 12 May 2015. The tax incentives for new business start ups include: Small business tax rate cuts (the 2015/2016 tax… Read more »
Loan Agreements “Payable on Demand”
March 19th, 2014 by | Court Disputes, Debt Collection, Finance & Securities
To the intelligent layman, the phrase in a loan agreement stating that the monies loaned are “payable on demand” suggests that the right to sue arises only after a demand is actually made. Naturally, a lawyer will tell you it is more complicated than that. For a variety of reasons, some purely historical, “payable on… Read more »
How to Create a Loan Agreement Between Family Members or Friends
June 17th, 2013 by | Finance & Securities
If you have decided to ignore the well known advice of “don’t lend money to family or friends”, there are some very good reasons why you should create a legally binding, written agreement. This loan agreement between family members/friends and you, should outline a repayment schedule and what will happen if the borrower is late… Read more »
A Debt Doesn’t Entitle You to Lodge a Caveat
October 4th, 2012 by | Conveyancing, Court Disputes, Debt Collection, Finance & Securities, Property & Leases
The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so. A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »
How to Secure Payment of a Judgement Debt
September 11th, 2012 by | Court Disputes, Debt Collection, Finance & Securities
So you have finally got a judgment against a person for the sum of money that he owes you. The next step is to actually realise the money and often that can take time. The Problem: Say that while you negotiate a payment plan for your judgment sum to be paid to you, the debtor… Read more »
How to “Bullet-Proof” Your Guarantee & Indemnity
August 22nd, 2012 by | Business Sale & Purchase, Commercial Transactions, Debt Collection, Finance & Securities, Property & Leases
What can go Wrong? A landlord owned prime commercial premises that were leased to company B, the branch of a national retail chain, and payment of the rent was guaranteed by company C. B transferred the lease to another company; both went bust. C didn’t have to pay the lost rent because the Guarantee only… Read more »
How to Get Paid Quickly and Minimise Bad Debts
August 18th, 2012 by | Commercial Transactions, Court Disputes, Debt Collection, Finance & Securities
In my experience there is a common theme amongst many failed businesses – the proprietors fail to understand the vital importance of getting paid on time and making sure that “writing-off” bad debts happens rarely, if ever. Successful businesses have credit control measures in place that include the following: Make sure your client understands how… Read more »
