Business Lawyer

Having a dedicated and experienced Business Law team behind you, advising and supporting you when buying, selling or restructuring your business gives you greater peace of mind and confidence.

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A Business Lawyer That You Can Trust

A business structure is very important. Once you’ve put a structure in place and started building the business, it’s difficult to turn back and restructure! Therefore it is essential to invest in a good business lawyer to lay the foundation correctly to suit your business right from the beginning!

At JS Law Group, we provide a range of business set up services, including advising on buying and selling a business, reviewing and drafting business contracts and commercial agreements, drafting your Shareholders Agreement and Partnership Agreements in alignment to your business, advising on business setup and structuring, franchising and commercial disputes and litigation.

We understand that running and operating a successful business can be rewarding and stressful, with small to medium-sized business owners or sole traders wearing many hats. Many people will not understand the process involved and what are the key considerations that may arise at every stage of your business.It is not as simple as buying a can of tuna from the shelf and that’s the end of it. Therefore it is important to get an experienced business lawyer to draft the agreement for you. Many will think that engaging a lawyer is a cost instead of an investment. Some will even try to draft the commercial agreements themselves without knowing the legal implication of each clause. Bear in mind that one word can ultimately change the essence of the whole contract.

Rest assured that we will be with you ensuring that all the important details are captured and considered, to guide and keep you informed in every step of the process.

We work with different industries:

We have worked with a broad range of clients from property developers, contractors, large Australian businesses and enterprises, SMEs and startups, IT consulting, so you can be assured that our team have the skills and knowledge to advise you on the right path.

Why choose JS Law Group?

From starting a small business to dealing with business disputes and more, we can assist with a legal framework to ensure your business is protected. No business law matter is too big or too small for us because we are with you. We operate on a fixed-fee model as it provides you with certainty and transparency for your legal fees. We take the time to understand your business needs to deliver results with a personal touch that will assist in the growth of your business.

Expert lawyers with over 40 years of experience
Fixed legal fee
Transparency, no hidden fee!
Fast turnarounds
Award winning software and technology

Our Business Lawyer Services

What Our Clients Say

Positive: Professionalism, Quality, Value.

I am currently in the process of buying a franchise and came to Roshni for some advice. Let me tell you she is not only efficent but also goes above and beyond your expectations also the fixed price packaging that was offered blew me away with the amount of work that was required. I couldnt say a bad thing about the service i received it was extreamly professional and also mindful of the time frames we had to work with. i would highley reccomend using Roshni and Beaches Law for all your needs.

Greg Muoio

Rosh, Fred and Jenny handled the sale of my property professionally, helping out everywhere, dealing with all the questions and other solicitors requirements making it smooth and easier on me

Scott

Positive: Professionalism, Quality, Responsiveness, Value.

Roshni is super-efficient, extremely professional and always had a reply for us within 24hrs. I found her really approachable and down to earth. Highly recommend!

Larissa Laughton

Roshni was fantastic. She gave me some excellent advice and went above and beyond in terms of understanding my situation and working to budgets and timeframes. Thank you, I'm looking forward to working more together going forward!

Richard Eaves

Great service. Roshni was very professional when handling our property settlement. She guided us through the entire process and ensured that we understood every detail and what was expected of us. Would definitely recommend her services.

C King

I highly recommend Roshni and her team for their efficient, knowledgeable and reliable service. With Roshni, you will get the best representation and legal advice, bar none!. Roshni has helped many of my clients and family members and will continue to do so!

Benny Dubria

Roshni responded to an enquiry I made on their website the next day. From then on Beaches law were professional and efficient in helping me with a conveyancing matter. I would, and have, recommended this law firm to my friends and family. Thanks again.

Danny Rose

Roshni and the Team were fantastic to deal with and made sure our settlement went smoothly and efficiently. Thanks for your effort.

Travis Laughton

Extremely easy and pleasant experience. Didn’t have a regular solicitor and on referral used Rosh. The whole process which was over several months could not have been easier and at a very fair price. Highly recommend!

Grant Scurr

Roshni was extremely helpful and made the process of settlement easy. Her attention to detail and knowledge of the law allowed us to apply and get granted for a significant stamp duty concession, saving us thousands of dollars. Thank you Roshni! Highly recommended.

B Dub

Why Choose Us?

Specialist Knowledge

Our lawyers provide top tier legal advice across commercial, corporate & property law.

We Care About Our Clients

Our caring & supportive approach to helping clients means our lawyers can come to you, are available after hours or on weekends, if you need them.

Flexible Pricing Arrangements

We provide flexible pricing arrangements (including fixed fees or paying in stages), in order to give peace of mind to our clients and to ensure that costs are never a surprise.

Quick Turnaround

We use cutting edge, cloud-based technology to provide top tier documents & effective and efficient legal advice.

Frequently Asked Questions

What does exchange of contract mean?

Exchange of contract is different from settlement. Once you sign the sale of business contract and the counterparty signs and the agreement is dated, this is called an exchange of contract. This means the terms and conditions have been accepted and a legally binding agreement is formed. This does not mean the sale is completed. There are many more things that you need to do to complete the sale eg transfer the lease, domain name, social media, business name, license, employees etc so it is essential that you get a lawyer to handle this for you.

Seller and Buyer tend to take actions in their own hands

Some sellers and buyers tend to take actions in their own hands without alerting their solicitors. Please consult and update your lawyers on any terms agreed because they may be detrimental to your interest and salient terms need to be captured in a written agreement to avoid further dispute in the future.

What is PPSR?

Conduct a PPSR search to make sure there are no securities registered against the assets or equipment. Essentially you need to check whether any third parties have security over the assets proposed to be transferred on the Personal Property Securities (or PPS) Register. This is particularly important in an asset sale. If there are, you may need to talk with the secured parties to get them released so the assets can be sold free from encumbrances. Any general security against all assets will need to be released before the sale can proceed.

Third party approvals and consent

The biggest obstacle when selling a business is to get consent from customers, suppliers, franchisors and landlords. Typically, this is referred to as getting consent to a ‘change of control’, and is often found in customer and supply contracts, especially in relation to property leases. So it is essential for the consent to appear as a condition to completion. Otherwise this may be a hindrance to the completion of business sale. If there is an existing guarantee in place and you stand as a personal guarantor,you will need to discharge yourself as the guarantor otherwise you may continue to be liable to your suppliers or landlords despite selling your business.

Regulatory licenses or approvals

If you have any regulatory licences or approvals, you may also need consent from a regulator to get them transferred to the buyer or have the buyer apply for a fresh licence.

What is a restraints clause?

The usual reasons for restraints are to protect the goodwill being bought by the buyer and to protect existing customer and supplier relationships within the business.

To protect the value of the business, a buyer will normally ask for a restraint in the sale agreement. If the seller will be staying on in the business for any period, a restraint clause will also be included in the seller’s employment or consultancy contracts. You should consider the scope of any restraint eg what it prevents, where it applies, for how long it applies.

How do I transfer a business name?

Get a transfer key to transfer business name to the purchaser through ASIC Connect. You will also need to prepare and sign any board or shareholder resolutions as required to effect the sale.

How do parties agree on the value of the trading stocks at completion?

The seller will need to calculate how much stock will be transferred to the purchaser. Agree on stock price, whether as an agreed price, or via a stocktake.

Normally in a sale of business matter where there’s a considerable amount of stock to be sold, the parties usually do a stocktake of the value of that stock prior to settlement. It’s impossible for the seller to continue trading and keep exact amounts of stocks in place prior to settlement. So the exact value of the trading stocks will be determined on the eve of settlement.