Commercial Law 

Leasing of business premises including retail shops

• Looking to enter into a new lease or modify a current lease? BlueKey Lawyers will ensure that the terms of the lease secure your rights and allow you to run your business within a premises that suits your businesses needs.
• we act for landlords and tenants. Offices, commercial and industrial and retail shops. New leases, renewals, exercise of options and assignments. Full advice on covenants, including repairing covenants, permissible use and titles office registrations.

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Shareholding agreements shareholders’ agreements—management and buy/sell options

• A shareholding agreement is key to ensuring that your rights are secured should there be a breakdown of relationship between the shareholders or a conflict of direction. We make sure that an agreement is provided that will protect your asset and allows for a transition that is smooth and beneficial for both parties.
• Buy/sell agreements with options exercisable on a stakeholder’s death or incapacitation. Management arrangements and control.

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Business sale and acquisitions

• Retail and wholesale trading, professional services and trade contractor businesses. Advice on acquisition of entity (shares in the corporate operator) and assets acquisitions. Advice on restraint of trade and protection of goodwill acquired.
• BlueKey will co-ordinate negotiations between both parties and ensure that all critical dates are adhered to. A business sale/Purchase can be stress full with conditions such as restriction of trade being key to ensuring the procured business is a success post settlement.
• BlueKey can also register your new entity which includes the set up of an ACN, ABN, ABRN and TFN. We consult you on the methods of how the business can be registered and advise on the benefits of multiple structure types.

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Performance and Supply Agreements

• A performance agreement is commonly used in the construction industry, it ensures works are carried out to specification and within agreed time frames. Whether you are looking to establish a performance agreement or have been requested to comply by one in order to obtain a contract, BlueKey Lawyers will ensure that you understand you rights under the agreement.
• Advice and negotiations around guarantees called for from works contractors and professional services advisers.

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Financial Guarantor Advice including certificates of independent advice
Are you obtaining business lending via a financial institution who is requiring an independent legal letter of advice? When obtaining security from a director or business owner, should one of the persons who are on title but not registered as having involvement in the business, a bank will request the guarantor obtain a letter of legal advice which proves to the bank that you are aware of your legal obligations. This shows to the bank that the guarantor is not entering into a contract without knowing the risks.

• Certificates for financial institutions verifying guarantors have been given advice independently of the borrowers.

Personal and business structuring—companies, trusts, partnerships and self-managed superannuation

• Restructuring a business, trust or super fund can be difficult, should it be a change of directors, beneficiaries, shareholders or company structure itself there are many risks that can become evident. If a shareholding agreement has not be established previously, the differences between shareholder/beneficiary opinions can make it difficult to complete a restructure. You will also have to counter in tax implications and legislative requirements.

BlueKey lawyers will ensure that all of the legal and tax obligations are met and that the new structure is beneficial to all parties involved.