Warning Signs

Warning Signs

SOME OF THE WARNING SIGNS Large debtors fail to pay Debt collection processes must be commenced and it may become appropriate to appoint an administrator where the company is not actually insolvent but may become insolvent and in a situation where degradation of the cash flows is likely to bring the company to insolvency. Running […]

Board Meetings

Board Meetings

Some Important Responsibilities/Obligations of Directors: Directors are required to act honestly in the interest of the company The directors’ fiduciary duties (the first being the duty to act with good faith) and to avoid situations where, without consent of the company, the director’s personal interests must not conflict their duty to act with good faith. Any director having a contract with the company must consider if such a […]

General Meetings Of Members/Shareholders

General Meetings Of Members/Shareholders

General meetings include any meetings of members such as annual general meetings (‘AGMs’), General meetings usually cover matters outside of the scope of daily management, such as changes to the company name, status or capital structure, the constitution, approval of certain director benefits, removal and election of directors and auditors and director remuneration. What are […]

12 Point Checklist

12 Point Checklist

Some Important Responsibilities/Obligations of Directors: Does any director have a contract with the company? And does this give rise to any conflicts of interest between any director and the company? Are all registers kept and maintained up to date? General offences Particulars of registered office to be kept current Register of Directors to be kept current […]

What Is Voluntary Administration?

What Is Voluntary Administration?

A company that should consider a Voluntary Administration is one that is insolvent and needs a deal with creditors in a formal way. A Voluntary Administrator is the person appointed by the directors and must be a Registered Liquidator who can assess all the options available, and recommend the best outcome for the company and […]

Understanding Bankruptcy

Understanding Bankruptcy

There be alternatives. Once you have been declared bankrupt you give up control of your finances and assets to a Trustee in exchange for protection from legal action being taken against. Depending on your financial situation, there may be alternatives to bankruptcy such as formal arrangements. Bankruptcy has consequences which you should know about, as […]

Business Risk Advisory Advice

Business Risk Advisory Advice

“Be aware of unsolicited and unqualified so called Business Advisers” Providing good business advice is a highly specialised area that requires experience, skill and judgement. Too often, the wrong advice is provided by ‘a friend of a friend’ or a so called “mate” often seeking a personal benefit. They are unqualified people, posing as ’solution […]

Farm Debt Mediation

Farm Debt Mediation

There are two types of mediation available under Farm Debt Mediation Act 1994 (NSW) (“the Act”). The first is creditor initiated mediation, which results from a creditor issuing a notice under the Act. The second type of mediation is farmer-initiated mediation. This is mediation where a farmer, rather than the creditor, takes the initiative to […]

Australian Privacy Law Changes In 2014

Australian Privacy Law Changes In 2014

Australian Privacy Law Changes in 2014 On 12 March 2014 there will be some changes to the way that agencies and organisations can collect and deal with personal information. Thirteen ‘Australian Privacy Principles’ will replace the National Privacy Principles and Information Privacy Principles in the current legislation. The Australian Privacy Principles (APPs) will apply to […]