Posts in Governance
Application for Shares

An Application for Shares is a short-form agreement often used for early-stage investment rounds. It details how many shares an investor is applying for and how much they will pay for them. This is an essential document to record your share offers and ensure compliance with relevant statutory measures.

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Business Plan

A Business Plan is a comprehensive description of your business, detailing your goals and objectives for the future, as well as any potential challenges along the way. As the business grows, it can be adapted, and is invaluable for potential investors when looking to raise capital.

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Company Registration

Companies are the most common structure for businesses. By registering and incorporating your company with ASIC (Australian Securities and Investments Commission), you can identify and define people’s roles and responsibilities within your business, as well as their share or equity allocation.

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Founders/Directors Deed

A Founders/Directors Deed is a business ‘pre-nup’. It details the ownership structure, investment contributions and responsibilities of each co-founder. It also explains each founder’s expectations of each other. Signing a well-drafted Founders/Directors Deed provides security against future disputes between founders and also creates accountability for each founder.

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Shareholders Agreement

A Shareholders Agreement (SHA) is an agreement between a company’s shareholders. These agreements are a flexible way to detail how the company operates and the rights and obligations of shareholders including the right to appoint directors, and addresses voting rights for directors and shareholders.

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Supply Agreement

A Supply Agreement is an agreement that governs the relationship between the supplier of products (you) and the client/customer. A Supply Agreement can significantly protect you and your business against any claims for breach of contract or other civil liability claims which may arise from providing the product.

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Unit & Discretionary Trusts

Trusts are legal arrangements where an entity who is responsible for the trust (‘trustee’) legally owns property on behalf of someone else (‘beneficiaries’). Unit Trustees distribute funds to beneficiaries in accordance to the proportion of share units in the trust, and Discretionary Trustees distribute income more flexibly.

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Vesting Deed

Vesting Deeds explain the vesting of shares (often for founders) of a company. It allows for shares, which have usually already been issued, to ‘vest’ over a period of time and attach to a series of milestones and/or KPIs. A Vesting Deed creates accountability rather than issuing equity upfront.

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Waiver

A Waiver is a document which seeks to relinquish legal rights/interests if someone is injured or damage is caused. For businesses which contain an element of risk of injury, waivers are a viable and valid defence to any civil claim of negligence (where negligence is unfounded).

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