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Companies and Trusts

Choosing the right structure is essential to protecting assets and supporting growth. At MMLaw, we advise on all aspects of companies and trusts (from setup and governance to restructuring, agreements, and dispute resolution) ensuring your business and personal interests are secure for the future.

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Companies

Strong foundations for your business structure

Setting up and managing a company requires careful planning and compliance with corporate law. We provide advice on company structures, shareholder agreements, and regulatory obligations to ensure your business is built on solid ground.

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Trusts

Flexible structures to protect assets

Trusts can be an effective way to manage wealth, protect assets, and plan for the future. We assist with establishing and administering trusts, tailoring them to your personal or business needs.

Companies

From setting up a company to managing compliance and governance, MMLaw provides practical advice and tailored solutions to help your business grow with confidence.

Company Registration

Starting a company is an exciting step, but it’s also one that requires careful planning to get right from the outset. Your company structure will determine how you operate, your compliance obligations, and the responsibilities of directors and shareholders.

At MMLaw, we make company registration straightforward. We prepare and lodge all necessary documents with ASIC, ensure your Constitution and internal rules are in order, and provide guidance on director and shareholder roles. Our team also advises on important compliance requirements under the Corporations Act, helping you avoid mistakes that could create problems down the track.

Whether you’re launching a new venture or restructuring an existing business, we’ll give you the right foundation for success. With MMLaw, you can be confident your company is properly registered and fully compliant from day one.

The way your business is structured has a lasting impact on tax, liability, asset protection, and future growth. Choosing the right structure from the beginning (or knowing when to restructure) is essential to protecting your interests and setting your business up for success.

Restructuring may also become necessary as your business evolves. Changes such as expansion, new investors, risk management, or family succession planning can all benefit from a review of your existing structure. Our team works closely with you to identify the most effective approach and implement it smoothly, ensuring compliance with legal and regulatory requirements.

With MMLaw, you’ll receive practical, tailored advice that protects your assets, reduces risk, and positions your business for long-term stability and growth.

Structures & Restructuring

Shareholders Agreement

A shareholders agreement is one of the most important documents a company can have. It sets out how decisions will be made, how profits will be distributed, and what happens if disagreements arise or shareholders leave. Without one, even strong business relationships can quickly become strained.

At MMLaw, we draft and review shareholders agreements that provide certainty and protection for all parties. Our agreements clearly define shareholder rights and responsibilities, outline voting and dividend policies, and establish dispute resolution processes. We also address issues such as the sale of shares, entry and exit of shareholders, and restraint clauses to protect the business.

Having a tailored shareholders agreement in place helps prevent costly disputes and ensures your company runs smoothly. Our role is to create an agreement that reflects your unique business needs while safeguarding both your commercial and personal interests.

Buying or selling a business is a major transaction that needs to be carefully documented. A clear, well-drafted sale agreement ensures both parties understand exactly what is being transferred and who is responsible for any ongoing obligations.

At MMLaw, we prepare and review both share sale and asset sale agreements. These agreements can cover the transfer of property, stock, equipment, goodwill, intellectual property, contracts, and employees. We ensure terms are clearly defined (including purchase price, settlement conditions, warranties, liabilities, and restraints of trade) to minimise risk and protect your investment.

We also guide you through due diligence, negotiation, and settlement, making sure the process is smooth and compliant with all legal requirements. Whether you are selling your business after years of hard work, or purchasing one as your next venture, we provide clear, practical advice every step of the way.

Asset Sale Agreements and Share Sale Agreements

Trusts

Trusts can be a powerful tool for protecting assets, managing wealth, and planning for the future. At MMLaw, we provide clear advice and tailored solutions to ensure your trust is structured and administered correctly.

A trust can be a powerful tool for protecting assets, planning for succession, and managing wealth for families and businesses. Setting one up properly from the outset is critical, as mistakes can be costly and difficult to unwind.

At MMLaw, we assist with the creation of trusts that are tailored to your needs, whether for family, investment, business, or charitable purposes. We draft the trust deed, explain the roles and responsibilities of trustees and beneficiaries, and ensure the structure complies with all legal requirements.

Our team will also work with your accountant or financial advisor to make sure your trust achieves the best outcomes in terms of tax efficiency and long-term asset protection. With MMLaw, you can be confident your trust is established correctly and built to serve its intended purpose.

Creation of trusts

Variation of trusts

Over time, a trust may need to change. Shifts in family circumstances, business goals, or tax laws can make it necessary to vary the terms of a trust to ensure it remains effective and compliant.

At MMLaw, we provide clear advice and prepare the necessary documentation to vary trusts lawfully. We review the trust deed to determine whether changes can be made under its terms, and where required, we assist with obtaining court approval or meeting legislative requirements.

Our approach ensures that variations are not only valid but also aligned with your long-term objectives, whether that involves changing beneficiaries, updating powers, or restructuring the administration of the trust. With MMLaw, you can update your trust with confidence.

Even well-structured trusts can encounter problems. Disputes may arise between trustees and beneficiaries, trustees may breach their duties, or administrative issues may threaten the trust’s proper operation. These conflicts can quickly escalate if not managed with care.

At MMLaw, we advise both trustees and beneficiaries on their rights and obligations, helping to resolve disputes efficiently and fairly. Our services include addressing breaches of duty, guiding trustees on their responsibilities, and assisting beneficiaries who believe their interests are not being properly protected.

Where disputes cannot be resolved through negotiation, we also provide representation in mediation or litigation to protect our clients’ rights. With MMLaw, you’ll have the support of an experienced team that combines technical expertise with a practical, solutions-focused approach to trust issues.

Trust issues

FAQs

Need advice?

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