‘Hybrid securities’ are a broad group of securities that combine elements of both ‘debt’ and ‘equity’. They provide both businesses and investors with the ability to more accurately satisfy their funding and investment needs Hybrid securities have the characteristics...
People seek to raise capital in a number of different contexts. In its simplest form, people ‘pool’ their capital with others to carry out a particular venture (for example, to buy a property or start a business). More sophisticated structures may involve setting up...
Tenancy-in-common ownership gives each co-owner title to and control over a fixed interest in real property. This makes it a flexible and autonomous way to own property. But what happens when the co-owners don’t agree? We discuss some options below: Option 1: Enter...
This Solution Brief outlines the respective roles and responsibilities of members (or owners), the Board of directors and managers. Members (owners) The people who own the ‘equity’ in a company are commonly referred to as shareholders or members. The members of a...
When people go into business together, it is common for them to enter into a Shareholders’ Agreements to govern how they will own and administer their company. Our preference is to use a company’s Constitution as the primary instrument to regulate the affairs of a...
How can a company execute a document if some or all of the directors and/or secretary are not available? There are many occasions where it is not possible for a director, directors, or a company secretary to be available to make decisions or execute documents to...
Sometimes it's not convenient (or possible) to carry out legal transactions or make financial decisions for yourself. For example, if you are interstate or overseas, it may not be convenient for you to sign legal documents or complete a legal transaction. If you lose...
Most people understand the importance of making an Enduring Power of Attorney. If you are not able to make financial decisions for yourself, your Enduring Attorney can step into your shoes and keep things in order on your behalf. However, not all Enduring Powers of...
Take control over who makes decisions on your behalf. Powers of Attorney A 'Power of Attorney' is a legal document which appoints one or more persons to look after your financial affairs on your behalf while you are still alive. This is why it is sometimes called a...
Who will make decisions about your health and welfare when you can't? Who would you prefer to make decisions about your health and welfare if you become ill and can no longer make those decisions for yourself? A trusted friend or relative, or a government appointed...
What are your powers and responsibilities when acting as an Enduring Guardian? An Appointment of Enduring Guardian is a legal document by which a person (the ‘Donor’) appoints someone else (the 'Enduring Guardian') to make medical, personal and lifestyle decisions on...
The most under-rated legal document of all time Try changing your phone company when your spouse is in a coma - or even getting a current balance on your electricity bill. If your spouse's name is on the title to the property, and you do not have an Enduring Power...
The most under-rated legal document of all time Try changing your phone company when your spouse is in a coma - or even getting a current balance on your electricity bill. If your spouse's name is on the title to the property, and you do not have an Enduring Power...
Who will make decisions about your health and welfare when you can't? An Advance Care Directive (ACD) is a legal document that enables you to appoint someone to make medical and lifestyle decisions on your behalf when you are unable to. As of 1 July 2014, the ACD...
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