Why Business Structuring Matters
At PD Law, we understand the foundation of any successful business lies in its organisation & structure. How your business is organised can have major ramifications on operations, liabilities, taxes & growth potential – that’s why our experienced team of lawyers specialise in offering personalised business structure services tailored specifically to each of our clients’ goals and needs.
The Most Common Business Structure Types
Sole Trader
Operating your business as a sole trader is straightforward, and the costs of founding & running the business are low. As a sole trade, you are legally responsible for all aspects of your business including invoicing, taxes, business operations and debts.
Partnership
A partnership is two or more individuals who run a business together, sharing both income and losses between themselves.
Company
A company is a separate legal entity from its owner and is controlled by its directors, ownership is shared between the companies’ shareholders.
Companies can be expensive & complicated to establish and are better suited to people whose businesses are expected to make a high income.
Trust
A trust is a legal relationship between two or more individuals. In this structure, there is a trustee who carries out business for the benefit for the beneficiaries (other people). The trustee is responsible for the business operations including income & losses.
Structuring Your Business the Right Way
How your business is structured has long-term consequences that go far beyond day-to-day operations and can have serious ramifications on the protection of your business, its growth and overall success.
- Legal Protection – Properly organised businesses can protect personal assets from business liabilities. By creating separate legal entities, you can limit person exposure whilst safeguarding wealth and protecting your personal assets.
- Tax Efficiency – Selecting an effective business structure can have a profound effect on your tax obligations. Selecting an entity type that best meets your needs and structuring transactions strategically can reduce liabilities whilst capitalising on available tax breaks incentives.
- Financing & Investment Opportunities – Businesses that have been carefully structured are more likely to draw investors and lenders who prefer businesses with clear ownership structures, transparent governance arrangements and sound financial practices as protective financing and investment partners.
- Succession & Exit Planning – Property structuring ensures your business is set up for future success and allows for an effortless ownership transition process. Whether your plan involves passing on your business to the next generation or selling, structuring is the key to creating an enjoyable transition experience.
- Operational Efficiency – An optimal business structure streamlines operations, clarifies roles and responsibilities, and facilities effective decision-making. Aligning your organisational structure with your business goals will increase efficiency, productivity, and overall performance.
How Can PD Law Help?
We understand that every business is different, and there is no single-solution approach to business structuring. We’re here to help you and your business succeed, in every way possible.
When you choose to work with PD Law, you can expect:
Expertise & Experience
We possess the expertise in business law and have assisted businesses of all sizes and industries to structure their organisations for maximum success.
Customised Solutions
Every business has a distinct set of needs and goals, and our team takes a personalised approach when developing solutions tailored to you and your circumstances. We take a holistic approach by considering not only the legal but also the financial, operational, and strategic factors we can design a structure that optimizes operations whilst mitigating risk and encouraging future expansion of your business.
Clear Communication
We believe in transparent and open communication with our clients. We take the time to clearly explain complex legal concepts and implications in straightforward language.
Long Term Support
Business structuring isn’t a one-and-done task; as your business develops, new challenges may require adjustments to your structure. We provide ongoing guidance to assist you in adapting to these changes so your business remains agile and resilient.
Contact our commercial team today to arrange a consultation and learn how our structuring services can assist you in setting the stage for future success of your business.
Our Commercial & Business Blogs and Podcasts
In the fast-paced and ever-changing world of business, partnerships come and go. Whether it’s due to disagreements, shifts in direction, or simply the natural evolution of companies, the dissolution of a business partnership is an inevitable reality that many entrepreneurs will face. Business partnership dissolution refers to the legal and administrative process of terminating a… Read More »The Dissolution of Business Partnerships
Running a business can be an all-consuming affair leaving little time for contemplation of what happens to the enterprise in the event of a family tragedy or a business partner retiring or dying. But in fact, these type of events should be considered by all owners as part of business succession planning, which we’ll discuss… Read More »Understanding the Importance of Business Succession Planning
There’s a saying that says, ‘getting into business is easy, but getting out of one is a whole different story’. It begs the question, what’s the problem? It’s no surprise that part of the issue is the lack of business succession planning. In this podcast, PD Law, Lawyer, Shelley Foot, wraps up 5 key things… Read More »Business Succession in 5 Minutes or Less
There are several remedies available to a party in case of a breach of a contract by the other party. In general, the two most popular types of remedies are either legal remedies or equitable remedies. Legal remedies include monetary damages, which are meant to compensate the aggrieved party for any losses suffered due to… Read More »Breach of Contract Remedies
In this podcast, PD Law, Lawyer, Shelley Foot, discusses the intersection of defamation and social media.
Challenging economic conditions in the post-Covid world have caused a rash of insolvencies in certain parts of the Australian economy, in particular the construction industry. As such it’s important for company directors dealing with the possibility – or the reality – of insolvency to remember their legal responsibilities under Australia’s Corporations Act 2001 (‘the Act’).… Read More »What You Need to Know About Insolvent Trading
SMSF’s themselves are not capable of borrowing money, this is due to restrictions under the Superannuation Industry (Supervision) Act 1993 and the Superannuation Industry (Supervision) Regulations 1994 (Acts). Notwithstanding this, people are able to indirectly borrow money for the purchase of property for the SMSF by purchasing in a separate entity to hold on trust… Read More »Self-Managed Superannuation Fund (SMSF) Lending
Trademark protection is a crucial aspect of business strategy that safeguards your brand’s identity and reputation. It’s a legal shield that prevents others from using a similar mark that could cause confusion among your customers, such as a logo, phrase, colour, sound etc. Marketing is a crucial tool in today’s society, and registering a trademark… Read More »Trademark Protection – The Powerful Tool of Trademarking
Bankruptcy is a legal process that provides relief to individuals or businesses who are unable to pay their debts. While it can offer a fresh start, it’s essential to understand the impact it can have on various aspects of your life. During the bankruptcy process, a registered Trustee or Official Trustee is appointed to manage… Read More »Understanding Bankruptcy and Its Effects
Running a business these days is challenging enough without being let down by the fine print on your important forms such as invoices. The terms and conditions a business includes on documents such as invoices and quotes with detail on such important things as delivery terms, returns and refunds, payments, warranties, and limitation of liability… Read More »5 Reasons Why Terms and Conditions For Businesses are Critical and More than Just Boring Fine Print
There are few more frustrating experiences for a consumer than a problem arising with a product or service they’ve spent their hard-earned money purchasing. From malfunctioning electronics to holiday experiences that don’t live up to the advertising, our first reaction is to seek some type of redress to help make things right. In Australia, the… Read More »So You Have Issues With Goods or Services You’ve Purchased? What Rights Do You Have?
Dealing with debt can be incredibly challenging and stressful. However, by implementing effective strategies, you can navigate the process of debt recovery with confidence. In this article, we will explore various strategies that can help you successfully recover your debts and regain control of your financial situation. Understanding the Basics of Debt Recovery First and… Read More »Strategies for Successful Debt Recovery
The Retail Shop Leases Act 1994 (‘the Act’) was enacted in Queensland to protect the interests of small retail business owners. The Act aims to provide transparency and fairness in commercial leasing transactions. Lessors (landlords) and lessees (tenants) must ensure they understand the Act to ensure they’re complying with their obligations. This article outlines key… Read More »Understanding the Complexities of the Retail Shop Leases Act 1994
Before issuing proceedings, it is important to remove emotion from the decision and carefully consider the personal and financial implications. Issuing proceedings not only results in further legal fees, but it also becomes difficult to stop what you have begun without there being some adverse costs consequences. Litigation can affect a person’s business interests, employment,… Read More »Civil Litigation – The Process of Issuing Proceedings in the Court
Once a buyer has made the decision to commit to the purchase of a commercial property there are a number of important steps to take during the settlement and post-settlement phases. Settlement of commercial property generally takes longer than the typical 30-day settlement period for residential properties because of there are considerably more issues involved… Read More »So You’ve Purchased Your First Commercial Investment – What Now?
This article follows on from our recent post providing a checklist of essential things to do when buying a commercial property, this time dealing with the important issues of financing, risk and GST implications. Commercial property can be a lucrative investment but it’s important to do the necessary groundwork before the purchase to reduce your… Read More »Essential Checklist for Buying Commercial Property – Continued
For many people buying a small business is their most viable path to a desired life working for themselves, compared with the riskier proposition of starting a business from scratch. In this article, we’ll outline some of the advantages and disadvantages of buying a small business, the benefits of various entities used to purchase the… Read More »What are the Key Considerations When it Comes to Buying a Small Business
Investing in commercial property can be a lucrative decision provided the asset is well located and the right steps are taken in the lead-up to the purchase. From doing due diligence on the property’s viability as a commercial premises to reviewing the lease with the tenant and understanding the tax implications of the purchase given… Read More »Essential Checklist for Buying Commercial Property
In this podcast, PD Law’s Commercial Lawyer, Shelley Foot, talks about what you need to know about retail shop leases.
It’s no secret that many people buy into community title developments without necessarily appreciating all of their costs. On top of this, catastrophic weather events such as cyclones and floods have resulted in staggering increases in insurance costs, described as ranging from substantial to outright unviable. It’s also no secret that some lot owners will… Read More »Spiralling Body Corporate Levies – Proactive or Reactive?
I’ve set up a company to own and run my business, and my partner and I will be directors. Are your personal assets safe? Just a yes or no answer, please. How about yes AND no? The logic is that the company is the entity that opens accounts, signs leases, does deals, performs services… Read More »Setting up a Company
The old work van had been used in the business for years, as had the office manager, who’d recently retired after a 9-year stint running the place for you. The handover to her replacement looked ok from where you stood. The new manager proved competent and, after 3 months appeared to have things under control,… Read More »Minimising Risk – Who owns what?
Claiming on your Insurance Mentioning how devastating TC Debbie was is wasting your time, but getting motivated now to re-start is not. Apart from the tangible benefits of getting an insurance claim processed, it’s just good to be pro-active: feeling like the wheels are starting to turn again is the polar opposite of the soul… Read More »Getting the back yard in order (literally)
It’s been a long few months: you’ve spoken to dozens of agents, brokers and banks, builder friends and family members and you’ve decided on the dream home. The agent prepares the contract and asks if you want the usual ‘get out of jail’ clauses –pest and building inspections and a finance clause. Surely this covers… Read More »I thought the contract covered this.
“It just crawled into that bloody hole in my glove!” Last weekend I had the great pleasure of harvesting and extracting honey the traditional way from my parents’ bee hive: white overalls, the funny veil, bee smoker, the whole show. And later at their home, separating the honey using this old extractor (really old –… Read More »The paradox of innovation
It’s a trite comment to say Apple has got it right. A cursory Google (or perhaps Safari?) search will reveal the message behind the Apple brand, and how it is supported with an almost religious zeal by its followers, and its team. No we don’t think we’re Apple, or Google, or Coke, or the North… Read More »We’re lawyers! What do we know about branding?
I’LL CUT MY OWN DEAL THANKS Keeping the lawyers out, and other good ideas. ‘Just keep it simple and to the point – the last thing I want to do is scare them off.’ Everyone, and I do mean everyone, leads with those words when they’re providing instructions. It’s understandable. Apart from obvious reasons like… Read More »DIY Lawyer
Business Mobility, Knowledge Workers and Choice 20 years ago our reception area was frequently short on chairs. A combination of limited technology, and traditional expectations of lawyer / client relationships meant that often, business was conducted face-to-face. Today, the business of law is vastly different, and for good reason. First, people don’t have time to… Read More »THERE’S NOWHERE TO SIT!
“I went into business with your spouse, not you!” You’ve been in business with your good friend and close ally Mark for almost a decade, building a strong business together. You’ve survived the GFC, massive competition, and a couple of bad business decisions you’d rather forget. But you’ve both come through, and your business is… Read More »Business Wills – managing the silent partner !
Like many husbands / dads, I think I do my fair share of work around the house. But it’s during weeks like this one – my wife away at a conference, two of my three children at home with exotic / challenging stomach bugs – where I realise the real work is at home! Anyway,… Read More »Embracing remote working in a tech savvy office – A Story of Flexible Working