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Structuring & Partnerships

What are the main trading types?

  • A sole trader – a person trades in their individual name
  • Partnership – a group of individuals (or other entities) trading together
  • Trust – Discretionary (sometimes called family trusts) or fixed (sometimes called unit trusts)
  • Company – the business is run by a corporate entity with shares being owned by the interested parties

Each entity type has pros and cons so it is essential to get the right advice before you begin.

Multiple Owners

Another factor to consider in business is the issue of multiple owners.  This raises numerous other issues irrespective of whether they are family, friends or business associates.  
How are decisions to be made?  
How are profits to be distributed?
What happens if someone gets sick or dies?
It is essential that these matters be considered early to avoid heartache and disputes later on.  They can easily be addressed by having the proper agreement in place. 

What are the two types of agreements:

  • Partnership agreements - These govern the day-to-day operation of the business and can include shareholders agreements and unit holders agreements.
  • Buy/sell agreements – Also known as critical event agreements, these cover situations where someone gets sick, injured, or dies requiring that the business be restructured.

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A Power of Attorney is an Important tool to have – especially now.

Your Business Checklist… are you ready? Power of Attorney is an Important tool to have – especially now. We are all anxious about the future. The challenges that coronavirus will bring are unprecedented, ever changing and daunting.  However, there is something you can do now that could help you and your business if you end up needing to self-isolate or quarantine.

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