Below is a range of useful templates for small and medium sized businesses prepared by leading industry experts. Included is a an employment contract and contractors agreement, business plan, finance application, sale of business agreement, business purchase review checklist, business purchase tax checklist and work communications policy.
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Business Start Up Checklist
This checklist has been provided by Cathy Russo, managing principal lawyer at Macpherson Kelley Lawyers Brisbane (phone 07 3235 0403.). The checklist is designed to assist business owners navigate key legal issues when embarking on a new business venture. Issues covered are choosing a business structure, registering a business name, protecting intellectual property, employment issues and other legal requirements such as insurance, commercial leases, and privacy laws.
Personal Properties Securities Act (PPS) Checklist
The Personal Property Securities Act 2009 introduced some fundamental changes to the laws of securities and property (except real estate). The Personal Property Securities Register (‘PPSR’) commenced at the end of January 2012 and is an online register of security interests in personal property. This checklist has been provided by Cathy Russo, managing principal lawyer at Macpherson Kelley Lawyers Brisbane (phone 07 3235 0403.) and covers the essential issues in the form of yes/no questions that business owners need to consider when deciding if the PPS regime applies to their business. A further T&Cs checklist is also included to assist in assessing whether any updates may be required to the T&Cs for the business to ensure the business is protected and has the best possible chances of recovery of amounts due.
It’s important that employment contracts protect your business and your staff. An employment contract cannot provide for less than the legal minimum set out in the National Employment Standards (NES) awards, enterprise agreements or other registered agreements that may apply.
This comprehensive employment agreement was prepared by Andreyev Lawyers and last updated by Louise Russo in August 2023 (phone 1300 654 590). This document is a sample agreement containing the essential clauses that need to be included, plus supporting comments under each clause.
Independent contractors provide agreed services under a contract for those services. They usually negotiate their own fees and working arrangements and can work for more than one client at a time. Independent contractors are often called contractors or subcontractors.
The essential difference between an employee and a contractor is an employee works in your business and is part of your business, while a contractor is running their own business.
The most important issue for a business when making a decision to engage a contractor is to do everything possible to establish that there is a genuine independent contract relationship and that the arrangement is not really an employment relationship by another name. To this end, its crucial that an agreement is entered into with the contractor setting out the terms and conditions of the arrangement.
This comprehensive contractor agreement was prepared by Andreyev Lawyers and last updated by Louise Russo in August 2023 (phone 1300 654 590). The document is a sample agreement containing the essential clauses that need to be included, plus supporting comments under each clause.
Business Purchase Tax Checklist
In the process of buying a business, the purchaser should conduct a due diligence review to establish that they are buying what they believe they are buying. The review identifies areas of risk and contingent liabilities that the business may have and to factor these risks in the purchase price.
When buying a business, or the company that conducts a business, there are many tax issues that the purchaser needs to consider prior to the contract being signed.
In most cases a purchaser acquires the assets of the business unless there are significant commercial reasons for buying the company (e.g. contractual obligations that cannot be assigned). Purchasing the assets of the business nullifies the risk of assuming the company’s liabilities, some of which may not be known or readily identifiable.
This checklist was updated in July 2023 by Peter Bembrick, tax consulting partner, at HLB Mann Judd (phone 02 9020 4000). It includes a comprehensive due diligence review, together with valued added commentary, of the major income tax, GST, structuring, capital gains tax and other tax issues associated with the purchase of either the assets of a business or the shares in a private company that operates the business.
Business Purchase Review Checklist
Due diligence is the process of verifying the information about the business, as provided by the seller, is correct and accurate. Due diligence is, in almost all sales, a condition of the buyer’s offer. The business conditions must meet the buyer’s expectations before the deal is finally closed. If there are any problems uncovered, this is the time they must be addressed.
A due diligence checklist should cover several aspects of the prospective business, including financial documents, legal issues, operations, employee relations, as well as all assets, products and customer data.
This document contains a comprehensive checklist of the important issues that need to be considered when evaluating the purchase of a business, including personal factors, choice of structure, funding requirements, physical and industry requirements, marketing, staff, insurance, recordkeeping, and income tax & GST registrations.
Business Succession Planning Checklist
When you decide to leave the business, your succession planning will help you successfully transfer your business to your successor (s).
If you develop a good succession plan, you can transition out of your business more easily. You can start your succession planning years ahead of time, which helps you meet your future needs. It will also help your successor prepare for their present and future work responsibilities.
Review your plan regularly. As time passes your circumstances may change and an up-to-date succession plan will ensure you're always ready in the event you need to leave earlier than anticipated.
This document examines some of the important issues that need to be considered in the succession planning process and includes a succession planning template with relevant headings and supporting comments.
Whether you have just started out or been running your business for years, business planning can be the key to your success. Having a business plan
gives your business direction, defines your objectives, maps out strategies to achieve your goals and helps you to manage possible bumps in the road.
A business plan is also vital to help you get finance. If you are seeking finance for your business, you will need to show banks and investors why they should invest in your business.
This template contains a comprehensive outline of a business plan tailored for small business owners. Included are guidance notes to assist in completing the plan.
One of the most important, yet often overlooked areas for small business owners is the development of a marketing plan. An effective marketing plan will act as a reference document to help you to execute your marketing strategy. It will also help you to develop a methodical approach to creating services and products that satisfy your customers’ needs.
When writing a marketing plan you need to be clear about your marketing objectives and how you’re going to achieve them. A good marketing plan sets realistic and measurable objectives, includes budgets and action plans, and allocates responsibilities.
Planning your marketing should be an ongoing business activity. As the market conditions and your business change, you will need to revisit many of the ideas and strategies outlined in your marketing plan. By referring to your plan regularly, you will ensure that your business keeps heading in the right direction
This template contains a comprehensive outline of a marketing plan tailored for small business owners. Included are guidance notes to assist in completing the plan.
This information is provided as a guide only and is not intended to constitute advice whether legal or professional. You should obtain appropriate advice concerning your particular circumstances.
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