Expert assistance with whitewash procedures to enable share acquisitions. 

 

Navigate financial assistance regulations to help key people acquire shares in your company – legally and compliantly.

Protect directors from personal exposure.

Legally facilitate employee share schemes and management buy-ins.

Prevent share transfers being declared void.

We navigate the Corporations Act 2001 (the Act) to legally enable your company to provide financial assistance for share acquisitions.

You want to help a key employee, director, or strategic partner acquire shares in your company through loans or other financial support.

ADLV Law will guide you through the whitewash procedure, preparing all required documentation and ensuring proper shareholder approvals under the Act.

You can confidently provide financial assistance knowing you’ve met all legal requirements, avoiding director liability and invalid transactions.

 

Get expert whitewash guidance now.

Contact our corporate law specialists today to discuss your financial assistance needs and ensure compliant share acquisitions.

Turn regulatory barriers into approved share acquisitions.

You would like to provide financial assistance to help someone acquire an interest in your company, but the Corporations Act says that this is only permitted if you first obtain the consent of your existing shareholders.

We will guide you through the regulatory steps to ensure that the financial assistance is properly approved in accordance with the Act, including preparing whitewash resolutions, notices, and managing the shareholder approval process.

Companies should be free to structure their ownership how they see fit.

When you want to reward loyalty, incentivise performance, or bring in strategic partners, arbitrary regulations shouldn’t stand in your way. The law shouldn’t punish companies for helping their key people become invested stakeholders.

You’re a forward-thinking business leader who understands that shared ownership creates aligned interests. You want to help talented individuals acquire shares in your company to drive growth and commitment. A key employee needs financial assistance to purchase shares, or you’re structuring a management buy-in that requires company support. The Corporations Act prohibits this unless you follow specific whitewash procedures.

Without proper compliance, your financial assistance could be deemed illegal. Directors face personal liability, the share transfer could be void, and you risk ASIC enforcement action.

Corporate law blocks your strategic ownership plans.

You need to provide financial assistance for someone to acquire shares in your company, but the Act makes this illegal unless you obtain proper shareholder approval through a whitewash resolution.

Proceeding without proper whitewash approval exposes directors to personal liability, civil penalties up to $200,000, potential criminal prosecution, voidable transactions, and ASIC enforcement action. The share acquisition could be unwound, destroying the commercial arrangement.

 

    Complete whitewash compliance from start to finish.

    We eliminate your anxiety about regulatory compliance by taking complete ownership of the whitewash process, giving you confidence that everything is handled correctly.

    We prepare all required documentation, manage shareholder communications, ensure proper notice periods, draft special resolutions, and guide you through the approval meeting requirements.

    With compliant financial assistance in place, you can focus on integrating your new shareholders and growing your business together, free from regulatory concerns.

    Your clear path to whitewash approval.

    Navigate complex regulations with confidence and certainty.

     

    Step 1

     

    Strategic review

    We analyse your proposed financial assistance structure and identify the specific whitewash requirements for your situation.

    Step 2

     

    Documentation and notices

    We prepare the whitewash resolution, explanatory statement, and all shareholder notices with required 14-day notice periods.

    Step 3

     

    Shareholder approval

    We guide you through the meeting process to secure the required 75% special resolution approval.

    25+ years guiding companies through complex corporate transactions.

    We understand the frustration of having your strategic plans blocked by complex regulations. You’re trying to align interests and reward commitment, not navigate a regulatory maze.

    We know it feels overwhelming when a simple commercial arrangement triggers pages of compliance requirements that could expose you to personal liability.

    Like you, we believe companies should have the freedom to structure ownership arrangements that drive success without unnecessary regulatory barriers.

    Our Great Lawyer Guarantee

    We want to be part of your team over the long term. We’ll achieve this by sticking closely to the following key principles

    Take the time

    We’ll listen carefully to understand what you want to achieve. Then we’ll thoroughly explain our advice and step you through the documents. You can be sure you’ll know the full consequences.

    Work as a team

    Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

    Shared knowledge

    One of our key goals is to pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

    Stick to our knitting

    We only do what we’re good at. You can be confident that we know what we’re doing and won’t pass on the cost of our learning.

    Transparent pricing

    For advice and documents, we provide a fixed or capped quote so you don’t take price risk. If you’re in a dispute, we’ll map out the process and costs so you know what to expect.

    It's your show!

    We’re not in this game for our egos. We’re in it for a front row seat to witness your success.

    Transparent fixed-fee whitewash services.

    We’ll provide you with a comprehensive Work Proposal detailing:  

     

        • The full scope of services;
        • Clear fixed fees for each stage of the process; 
        • Realistic timelines for implementation;
        • Our fixed fair fees mean no surprises;  
        • All consultations, document preparation, meetings, and implementation support are included in the price we quote you. 

    Take the first step

    Call us now to book an appointment with one of our experienced estate planning lawyers. We’ll discuss the best way to pass on your wealth, and gain peace of mind.

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