How can we Help your Business

This page sets out some of the major services which Mason Westover Homburg provide to businesses. Use it as a "check-list" of your own business affairs. Obtaining advice earlier rather than later usually proves to be sound commercial practice. In many situations legal services will overlap with the services of other advisers, such as accountants, and it is our practice to use a cooperative approach where appropriate.

Mason Westover Homburg has experienced commercial lawyers serving clients throughout South Australia as the region’s local solicitors and conveyancers, particularly the Rural City of Murray Bridge, Adelaide Hills, the Mid Murray including Mannum and Swan Reach, the Murraylands including Tailem Bend and Karoonda, the Coorong including Meningie and Salt Creek, the Upper South East including Tintinara and Keith, and the Southern Mallee including and Lameroo and Pinnaroo,

Buying and Selling a Business

Mason Westover Homburg are experienced in commercial conveyancing and generally find that, in the course of buying a business, sound business structures established at the beginning will avoid costly changes later. Mason Westover Homburg can attend to all of the necessary documentation where a business is being established or is changing hands, where appropriate in conjunction with your accountant. Such matters may include:

• Contract for the sale/purchase of a business
• Leasing premises
• Companies and Trusts
• Self Managed Superannuation Funds 
• Partnerships and Joint Ventures
• Franchising
  

Establishing and Winding up of Businesses

The establishment of a new business involves many considerations and Mason Westover Homburg can assist you in this regard in conjunction with your accountant. The nature of the business structure needs to be carefully thought through, and we are experienced in the establishment of companies (and associated matters such as directors / shareholders agreements), partnership agreements, trusts, joint ventures and franchises. In many businesses the protection of intellectual property of the business (the "know-how") is significant and needs attention.

For various reasons businesses sometimes need to be wound up, or the persons involved change. Mason Westover Homburg can help in this regard with winding up of companies, dissolution of partnerships and changing of trustees, and matters relating to business succession generally.

Premises: Owning and Leasing

Your business premises are a key element to a successful business structure. If you own the freehold you need to consider the best entity to own it, such as a company, a self managed superannuation fund or a trust. If you lease your premises you need to ensure that you have security of tenure ~ a properly documented lease is an important part of the goodwill of your business. Our conveyancing solicitors at Mason Westover Homburg are experienced in all property matters including commercial leasing.

Debt Recovery

Achieving a regular cash flow is an essential element in any business, and non-paying customers need to be dealt with through an effective debt collection process. Early attention by you to debt recovery is essential and ongoing action by Mason Westover Homburg on your behalf can avoid losses.

Employment

It is critical to any business to have a happy and efficient workforce. Early attention to the framework within which your employees are to work can help in this regard, particularly in relation to employment contracts and fair work legislation. In the event that difficulties arise with employees Mason Westover Homburg can assist (where necessary with specialised help) in resolving those difficulties.

Safety

When dealing with the public and employees, businesses need to be ever vigilant and aware of their obligations in relation to the safety of their premises and work practices. Occupational health and safety is an important part of modern business. Early attention to detail can prevent or reduce the risk of potentially expensive claims and Mason Westover Homburg can provide prompt advice in this regard.

Litigation

Unfortunately businesses can become involved in litigious matters. Mason Westover Homburg's philosophy is to try and resolve contentious matters first without resort to the Court process, including using negotiation, mediation and collaberation. When this is unsuccessful we endeavour to expedite the matter with as little delay and expense as possible within the confines of the system. We have an extensive network of skilled litigators whom we can engage on your behalf to assist in resolving the matter.

Contracts

Quite often the establishment of standard work orders, supply contracts and the like can avoid later disputes and aid in debt recovery. Where possible such documentation should be standard business practice and aid in the efficient management of your business.

It is sound business practice to take legal advice in respect of any contract before you sign it.

Mason Westover Homburg can also assist in checking contracts and other documentation you receive from other parties as the need arises. This may include advice in relation to franchises, joint ventures, partnerships, finance, land purchases, leasing and employment.

Wills ~ Deceased Estates ~ Powers of Attorney

If you do not have a will, or it is not up to date, you should ask Mason Westover Homburg to attend to this important matter as soon as possible as there may be adverse effects on your business if this basic matter is neglected.

A will ensures the future security of your family and business and is not expensive. We also promptly attend to administration of deceased estates.

See our Wills and Estates page for further details.

 

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Mason Westover Homburg
Barristers ~ Solicitors ~ Conveyancers
4 First Street   PO Box 221   Murray Bridge    SA 5253
Telephone (08) 8532 3288 ~ Facsimile (08) 8532 6073

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