1. Commercial Leasing
At Quill Legal, we can offer legal advice to both landlords and tenants leasing commercial properties in the Sydney area. Right from the beginning of the process through to conclusion — our experts will draft commercial leases, prepare all related documents, and deal with any other issues that arise throughout the lifetime of your business leases.
Tenants of Commercial Properties
As a tenant of a commercial property, you might have lots of questions. What are your obligations under the lease? Do you need a commercial lawyer to look at the lease for you? Are the conditions of the lease fair?
At Quill Legal, we can answer all these questions and any others you may have in respect of leasing a commercial or retail property. Our commercial lawyers work for you and with you to negotiate terms which are favourable — after all, the landlord’s agent is working only with the landlord’s interests in mind.
We will explain all the relevant issues pertaining to your commercial lease, in a language you understand, without all the jargon. By educating you about the terms and conditions, and any obligations, you can make an informed decision. We want to ensure you fully understand the agreement you are entering into — whether you’re taking a commercial lease on offices, a factory, a warehouse, or retail premises, among others.
Landlords of Commercial Premises
As a landlord of commercial property, you want to make sure you have reliable tenants and a strong lease to protect your investment. At Quill Legal, our expert business lawyers ensure the terms of your lease are clear, without leaving you open for disputes down the line. We work with you all through the process, keeping you informed every step of the way.
We will negotiate the best terms with your tenant, so your investment has the potential for growth and gives you the best return possible. The advice we offer helps maintain a good relationship with your tenant, to avoid potential litigation at a later stage.
However, there may be times when litigious situations arise. If they do, we are on hand to help. Our aim is to work to resolve any issues quickly and efficiently, always with your best interests at heart.
Our End to End Service for Tenants and Landlords
The areas of expertise we can cover in respect of both tenants and landlords include, but aren’t limited to:
- All aspects of new leases.
- Reviewing the permitted use of commercial property.
- The start and end date of the lease.
- Detailing guarantees or security bonds.
- Obligations and rights of both tenant and landlord.
- Any issues regarding subletting.
- Rent reviews.
- Any breach of the lease.
- Insurance requirements.
- Rent reviews.
- Lease termination.
- Responsibilities for repair and maintenance.
- Lock outs.
- … And more.
2. Commercial Litigation
If you find yourself in the position where a dispute has arisen relating to your business, you will need a competent commercial litigation lawyer to act on your behalf. This is where Quill Legal steps in. We understand the complex nature of disputes involving corporate or business law, and will do our utmost to help resolve issues without legal action.
We make sure we fully understand the situation, and explain the legal aspects to you in plain English, so you understand them as well. Our first route will always be to encourage arbitration or mediation, to achieve a solution that can be agreed by all parties. We’ll do our best to negotiate a resolution, and then ensure that it is carried out as agreed.
Some of the common issues, where commercial litigation arises and Quill Legal can help with, include:
- Employment disputes.
- Contract disputes.
- Debt recovery.
- Disagreements between landlords and tenants.
- Corporate governance.
- Mergers and acquisitions.
- Bankruptcy, both corporate and personal.
- Partnership, franchising or shareholder disputes.
- Consumer law.
- Building and construction law.
- Corporate criminal matters.
- … And more
Our commercial litigation team is experienced, professional, and accessible. They take pride in providing you with first-class service and sharing their expertise on all aspects of dispute resolution and commercial litigation.
3. Purchasing or Selling a Business
Buying or selling a business can be stressful for anyone. Quill Legal aims to make the process as smooth and seamless as possible, allowing you to concentrate on the daily operation of your new or existing enterprise.
No matter whether your business is large or small, or whether it’s a sale or acquisition of shares or assets, we can help. Our experienced commercial legal team can prepare you for negotiations, and manage the transactions from start to finish. We have dealt with many business purchases and sales, including real estate, retail, franchising, manufacturing, medical, commercial, automotive, and more.
Our experts aim to educate you, so you understand the decisions being made in an informed manner. We keep you updated throughout the sale or purchase, so there are no nasty surprises.
Some of the factors involved in selling or buying a business include:
- Statutory requirements and regulations.
- The nature of the business and the industry it operates in.
- Size and location of the business.
- The nature of the operation.
- What asset classes are involved.
- Industrial relations environment and employment arrangements.
- Land that the business occupies and its relevance.
Whether you are selling or buying a business, or even merging or restructuring, it’s best to engage the services of a commercial lawyer as early as possible in the process. Quill legal can advise you on all matters, such as:
- Preparing a “Heads of Agreement” which outlines the basic terms of the transaction or agreement. The detail can be locked down at a later stage in the process.
- Carry out due diligence, so if you are selling, you know everything is in order to get you the best price. Conversely, if you’re buying, you know the price is fair and understand exactly what your purchase includes.
- Assist with asset protection and business structure.
- Help with negotiations.
- Ascertain banking and regulatory requirements.
- … and more.
The Importance of Due Diligence
Due diligence is one of the most important things to carry out when buying or selling a commercial enterprise. It’s relevant for purchasers and vendors alike, to ensure you get the right deal for you.
As a business vendor, we help you make sure your business affairs are coordinated and reviewed, so you can rest assured it’s organised, compliant, and complete. Remember, your buyer could be looking for ways to get the price reduced, or they might pull out altogether.
If you’re buying a business, you naturally want to make sure your vendor’s house is in order and that it’s fairly priced, not misrepresented, and compliant. As your commercial lawyers, Quill Legal will make sure enough time is allowed to carry out these investigations fully, to give you the complete picture.
The type of commodities that fall under due diligence include:
- Governance documents and corporate structure.
- Regulatory licences.
- Approvals and permits.
- Commercial leases and property documents.
- Employment records.
- Asset reports, for what is included and their condition.
- Insurance documents and finance agreements.
- Material contracts.
- Details of any ongoing litigation.
- All public searches of a company’s corporate data.
- Intellectual property.
Our experts in business law will ensure that any concerns are identified, and keep the process as efficient and streamlined as possible. Contact Quill Legal
Other aspects of buying and selling a business where Quill Legal excel include:
-
Commercial leases:
We review the existing lease, make sure everything is in order for transfer, and ascertain the terms of the lease. If any aspect of this is unfavourable, we can either renegotiate the lease or work out an agreement on a new lease to suit your requirements. -
Regulatory compliance:
When you are buying a business it’s essential that all regulatory permits, licences and authorisations are in place, so you can carry out your business legally. On occasion, there may be licences which can’t be transferred, or a change in regulations that require new applications. -
Contract reviews:
Suppliers or customers might have key contracts in place which will need looking over to ensure there are no hidden provisions and that they can be enforced -
Stock transfer:
If existing stock is part of the deal, then a stocktake will need to be carried out, to include in the contract. -
Equipment and plant:
Valuations for equipment and plant included in the sale will be obtained, along with transfer of any existing warranties, if applicable. -
Workforce:
Decisions will need to be made regarding current employees. Do they have written contracts? Will you keep any or all of them? Our experts will advise you on legislative requirements in respect of this. -
Finance:
We can liaise with your bank to ensure all financial arrangements are in place and ready for when they are needed. We also liaise with your accountant to review the company’s financial statements, if required. -
Transitional handover assistance:
If, as a buyer, you need help with the handover of the business, we will make sure this is negotiated, agreed, and documented. -
Protection of goodwill:
You don’t want your vendor setting up a competing business. We can advise you and negotiate restraint on the seller, to avoid this happening for a period of time. -
Dispute management:
Partnership, shareholder, and unit holder agreements can be drawn up to ensure all parties are clear and cooperate on the way the business is operated and managed. We can also look at an exit strategy if one or more parties involved want to leave the business. -
Business structure:
At Quill Legal, we’ll ensure that your business set up is sound, especially if it’s a partnership, joint venture, franchise, or company. We also deal with partnership dissolutions and corporate restructures.
We have detailed many of the aspects of commercial and business buying and selling that we can assist with. To find out how we can help you, please get in touch.
