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Commercial Law

How Legal Enablers can help your business:

  • Contract drafting, negotiation and advice

  • Tenders and bids

  • Contract management 

 

Types of contracts we work with:

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Legal Enablers empower businesses to manage risks and resolve disputes so you can thrive.

 

How we can help your business:

  • Commercial risk management

  • Agreements

  • Government and regulatory compliance

  • Employment and workplace law

  • Professional licencing

  • Trademarks Registration

  • Website terms and conditions

  • Property: Landlord- Tenant negotiations, buying a property

  • Franchising

Frequently asked questions

Contracts

What is a Memorandum of Understanding (MOU) and is it legally binding?


A Memorandum of Understanding is a record of the parties' discussions and goodwill. It is not a contract. Is an MOU legally binding? Generally no, because it usually has not reached the elements of a valid contract, but occasionally it might. Should you have any questions, please do not hesitate to contact me on (03) 8691 3128. Best wishes,
Caroline Mense
Principal Lawyer at Legal Enablers




What is a Heads of Agreement (HOA) and is it legally binding?


A Heads of Agreement documents the intentions of parties to enter into an agreement in the future and how the contract negotiations will occur. It is not the final contract. Is a Heads of Agreement legally binding? A well crafted HOA is legally binding. A good Heads of Agreement will set out: 1- The process for negotiating a contract; 2- Record the terms the parties agreed to in principal at that time; 3- Set out aspects of the pre-contractual relationship including NDA/confidentiality clauses, exclusivity anddue dilligence processes. 4- Set out how intellecutal property is managed; 5- The substance of the later deal has not yet been agreed to, the process for negotiating the deal is and the parties agree to the process written in the Heads of Agreement document. Should you have any questions, please do not hesitate to contact me on (03) 8691 3128. Best wishes,
Caroline Mense
Principal Lawyer at Legal Enablers




Is a handshake agreement enforceable?


A handshake agreement may make a legally binding agreement. It is difficult to enforce a handshake agreement in Court because you and the other side may forget or disagree about what was agreed. Contracts preserve relationships. Contact us for a free strategy consultation on (03) 8691 3128. Best wishes,
Caroline Mense, Principal Lawyer
Legal Enablers Pty Ltd




What is an NDA- Non Disclosure Agreement?


An NDA stands for Non Disclosure Agreement. It is a contract where a party agrees to provide confidential information to the other on the condition that the other agrees to keep the information confidential.




How do I ask for an NDA without things getting awkward?


NDA's are an important tool to help you get down to business and discuss ideas openly. Check out our guide to negotiating an NDA without things getting awkward here.




What should a shareholders agreement include?


The key elements you need in a shareholder agreement are: - Director appointments: How and when directors are appointed to the company and how and when they can be removed. - How shares are paid for and issued: Shares can be paid for through paying money, sharing their IP or providing services ('sweat equity'), - How the company is managed: The agreement should set out the types of decisions the director(s) can make on their own, which ones need to go to a vote, the voting procedures and whether they need a majority approval (50%), special majority (75%) or absolute majority (100%). - Shareholder obligations: Where the shareholders are expected to provide services or IP for their shares, the conditions and requirement should be spelt out clearly. - Shareholder rights: The shareholders are the owners of the company based on their percentage of ownership and share class. Different share classes have different rights. = xamples of shareholder rights can include voting rights, participation in key company decisions such as appointment of directors and CEO, payment of dividends, a meetings, information access rights such as management reports and the company's financials. - Share transfers: The agreement should set out when and how are shares sold. It should set out whether the shareholders can force another shareholder to sell their shares. These clauses are known as "drag along" and "tag along" rights. - Disputes: The agreement should set out what happens if there is a dispute. This can relate to share sales, voting rights and dispute resolution processes. - Exits: The agreement should set out an exit strategy. This makes people's rights clear from the outset. Examples of exits include buy outs of shares, listing the company for sale or the shares on the stock exchange. The agreement should set out both voluntary and forced sales of shares. Should you have any questions, please do not hesitate to contact me on carolinem@legalenablers.com or (03) 8691 3128. Kind regards, Caroline Mense Principal Lawyer at Legal Enablers





Acknowledgement of Country

Legal Enablers acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation.

 

We acknowledge and respect the continuation of cultural, spiritual and educational practices of the Aboriginal and Torres Straight Islander peoples.

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Contact:
 
Call: (03) 8691 3128
Email: hello@legalenablers.com
Level 14, 330 Collins Street
Melbourne VIC 3000