Commercial Law

Commercial Law

Achieving success in commercial law requires knowledge, experience, passion, but more importantly, the lawyer themselves must have commercial acumen. Good commercial lawyers often require something more than just being “book smart”. Our commercial teams are knowledgeable and hold that extra skill that holds us paramount in negotiations and thinking outside the box.

Prudentia Legal provides practical solutions for private and public companies, many of them small to medium enterprises. Our innovative thinking often leaves the clients surprised at the outcome and in a better position than they imagined.

Business Transaction

Similar to purchasing a house, purchasing a business is a tough decision to make. At Prudentia Legal, we are able to do purchase and sale of business transactions for a fixed fee cost. When purchasing a business, there are many issues to take into consideration such as the entity you are purchasing under, the current leasing arrangements, the current employee arrangements, the financials of the business etc. Prudentia Legal is able to assist you in running a smooth settlement for your purchase of business.

Similar to purchasing business, there are many considerations to be addressed in selling business. In addition to the issues mentioned above, there are strict requirements that must be met in the disclosure requirements when producing the contract. If there is a breach of the disclosure requirement, there may be hefty consequences, such as the purchasers being able to rescind the contract. Therefore, it is imperative that you seek proper legal advice before selling your business.

Company & Trust

Setting up companies is generally straight forward, however, it is important to get it done right from the beginning. Apart for company formation we can also assist in more complex matters such as setting up public listed companies and advising on initial public offerings (IPO). We also advise on shareholder rights and remedies and your duties as a director. Prudentia Legal advises on all company set ups in

Setting up companies is generally straight forward, however, it is important to get it done right from the beginning. Apart for company formation we can also assist in more complex matters such as setting up public listed companies and advising on initial public offerings (IPO). We also advise on shareholder rights and remedies and your duties as a director. Prudentia Legal advises on all company set ups including small, medium or large enterprises.

When it comes your company and the law, you want to appoint the services of a firm that will be there with you every step of the way. Companies, like people, go through a life cycle. From the start-up through to the growth of the company and eventually when you exit, there are benefits in having a great legal team on your side. You may wish know about the shareholder’s rights or how the company constitution impacts on you. Prudentia Legal’s advice does not just stop at the initial set up stage of the company, Prudentia Legal continues this advice when you become a director of the company and you need advice on compliance issues as a director and/or shareholder. We see ourselves as your company’s life-cycle lawyers.

A trust is a great legal tool and business structure whereby one party, the trustee, holds assets for the benefit of another party, known as the beneficiary.  A trust is able to be used as a great tax minimization strategy and also asset protection strategy.

Generally, a creation of a trust is for the follow reasons:

  • Tax minimization
  • Shared income for family members
  • Minimize risks of creditors making a claim against your assets (asset protection)
  • Place valuable assets out of the direct control of individuals who risk making poor decisions

There are many different types of trusts and they all operate under complex legal structures with various compliance requirements. At Prudentia Legal, we may assist in trust planning and we may help you identify, set up and administer the best trust structure to protect your assets and reduce your tax burdens. 

Mergers & Acquisitions

Whether you would like to merge two companies together, acquire a company, restructure a company or even conduct a takeover of a company, Prudentia Legal is here to assist. Our Lawyers at Prudentia Legal has assisted with acquisitions worth in the hundreds of millions and we liaise external accountants to provide a complete assessment of the business.

Whether it is a horizontal or vertical acquisition and whether you are acquired or being merged, it is a major if not the biggest decision a company can ever make, you would need a legal team that is diligent and experienced to ensure that every action taken is carefully assessed and considered, and no issues has been missed.

Shareholder Agreement

Shareholder Agreements are one of our areas of expertise. Cooperation between businessmen in business is normal and it is true that unity is power. However, lots of business partners, who are doing business togethers on the basis of initial common believes, mutual trust, and profit goal, may face unpredicted changing-mind or circumstance change of other partners, or misunderstanding and miscommunication between the partners. It would cause significant disagreement or trouble for long term business relationship. To avoid these unnecessary risk, a carefully drafted shareholder agreement would be for best tool to regulate the relationship between the partners. Prudentia Legal has rich experience in shareholder agreement advice and drafting, and would be able to help you to avert pitfalls, tricks, misunderstanding, other risks and also keep all parties on the same page for shareholders’ real agreement.

When there is argument or dispute for who has done what and shall get how much, the agreement of the shareholders may be in imminent danger of falling down. We have been meeting hundreds frustrated shareholders or businessmen who had hard relationships with their business partners, associates, shareholders and we understand the essence of the problems. You would be provided professional legal advices and services for not only the legal issues, legal opinions, but also the legal act options, and detailed legal procedure, for the disputes, by our experienced lawyers in Prudentia Legal.

Winding Up & Insolvency

Insolvency is the term which describes the inability of a person or corporation to pay their debts when they fall due. An individual may declare bankruptcy when insolvent and a company may go into liquidation and will be wound up.

Winding up of a company is the stage, where by the company takes its last breath. It is a process by which business of the company is wound up, and the company ceases to exist anymore. All the assets of the company are sold, and the proceedings collected are used to discharge the liabilities on a priority basis.

A solvent company can be liquidated, or wound up, by resolution of its shareholders if the company is able to pay its debts. However, if the company is not able to pay its debts, then the winding up process can be a long and complex one.

One of the biggest problems in any insolvency or bankruptcy matter is making sure you have enough time to save you, your company or business.  If you have debt that needs to be paid and have been issued with a bankruptcy notice or statutory demand, or are in the process of winding up a company,then you need to obtain advice as soon as possible – come talk to us at Prudentia Legal, where our experienced lawyer will act expeditiously to protect your interests.

Commercial and Retail Leases

Prudentia Legal acts for many landlords and tenants for both commercial and retail leases. Each state and territory has specific legislation dealing with commercial and retail leases.

The legal test for determining whether the premises is a commercial or retail lease is to look at the purpose of the tenancy. Is it wholly or predominantly used for selling, hiring or providing goods or services to the public? Leasing premises that are used primarily for wholesaling, manufacturing or storage are usually not considered retail premises e.g. a warehouse. It is important to understand the distinction between a commercial and retail lease as in most states, retail leases offer considerable legislative protection for tenants compared to commercial leases.

Therefore, if you are planning to lease a premises or have a premises and intend to lease it to someone, talk to us at Prudentia Legal. We will be able to help.