Tuesday 1 December 2009

Distribution or Distributors Agreement Contract Form

DISTRIBUTION AGREEMENTS


Distributors or sales professionals are always trying to find the next market, customer or potential lead. Whether you are a manufacturer looking for a new distributor or a sales professional eager for a new challenge, you’ll likely come across the need for Distribution Agreements.

Here are some common questions that you must know the answers to if you are to do it right.

WHO NEEDS A DISTRIBUTION AGREEMENT?

WHAT NEEDS TO BE IN A DISTRIBUTION AGREEMENT?
CAN THERE BE AREA DISTRIBUTORS AGENTS?

WHAT ABOUT TRADE SECRETS?

CAN I BECOME AN EXCLUSIVE DISTRIBUTOR?
HOW MANY DISTRIBUTORS CAN I USE?

The use of a distributor for your business or going it alone as one yourself is a regular practice that unfortunately is often left to a chat and a handshake. If you are serious about your business, you will want to make sure your Distributor Agreements are drafted correctly. A good Distribution Agreement is one that all parties can rely upon so no one is left in the dark.
To Get Your Agreement Please Click Here

Wednesday 11 November 2009

How to Write a Business Sale Information Memorandum

How to Write a Sale of Business Information Memorandum

The Information Memorandum is a marketing document used by the owner to promote their business to a potential buyer. The aim of the information memorandum is to make the business sound attractive to buyers, and also to convey all significant information to parties who are already interested in making a purchase.
A good Information Memorandum will predict all the questions a potential buyer might have about your business. It should contain a description of the business’s history, its past achievements and future prospects, as well as the particulars of its operation.

For more information relating to an Information Memorandum and having a Business For Sale please go HERE. It has invaluable insights, tips and tricks to help you get the best price for your business AND save yourself thousands of dollars in the process.


Feel free to refer to Creating a Simple Business Operations Model and The Basics of Book Keeping. 

Thursday 29 October 2009

Retail Tenancy, Shop Rental, Retail Leasing NSW,ACT,QLD,TAS,VIC,SA,NT,Australia

Commercial Retail Shop Tenancy leases and laws

The retail tenancy law is very clear in most Australian states:
A landlord in a retail lease must not, in connection with the lease, engage in conduct that that is misleading or deceptive to a tenant or guarantor. A party who suffers damage by reason of misleading or deceptive conduct of another party may make a claim for compensation.
Because the laws are different in each state we’ve outlined the requirements of each state on the following pages

Wednesday 28 October 2009

Commercial Property Leases Australia - Office Leasing and Warehouse Rental

Commercial Property Leases Australia - Office Leasing and Warehouse Rental

COMMERCIAL PROPERTY LEASE



Commercial lease agreements are necessary whenever you are going to rent out a property for commercial use, or when you want to have paying tenants in your commercial space. If you are just looking for a simple lease of some office space or buying a property to lease it as commercial property, be ready before you take that step. Here are some common questions you must know the answers to:
  • WHAT IS A COMMERCIAL PROPERTY LEASE?
  • WHAT MAKES A COMMERCIAL LEASE DIFFERENT FROM A RESIDENTIAL LEASE?
  • WHAT NEEDS TO BE STATED IN THE LEASE?


Wednesday 9 September 2009

Heads of Agreement Checklist

Heads of Agreement

Checklist
  • The Heads of Agreement should be dated and validly executed by both parties

  • There should be an explicit statement that the Heads of Agreement is meant to be binding

  • If an essential term is absent or uncertain, the agreement will be void for uncertainty or construed as incomplete, ie. the parties should have agreed the terms that are regarded as essential, for example:

    - In a simple Heads of Agreement to lease a building the following matters must have been agreed and should be accurately identified - the parties, the premises, the term of the lease, the rent or other consideration payable, review dates and rights of renewal

  • In the above case there was express reference in the Heads of Agreement to matters "not agreed". The Court determined that the matters marked not agreed had such substantial financial implications for both parties that they were marked not agreed as an indication of their importance and were therefore essential terms.

  • There should be a provision for agreement on outstanding issues to be reached by resort to an expert or an arbitrator or by another mechanism (in the above case, the Court determined that the matters not agreed were "of a kind which could not be expected to be settled for the parties by a Court or other third party" ie. the Court was unable to fill the remaining blank spaces.

  • You should ensure that all documents that are referred to as "attached" to the Heads of Agreement are attached, and that the parties have initialled all amendments and the foot of each page.

  • If there is a particular form of agreement to be entered into at a later date (for example, the Auckland District Law Society Lease), then this should be attached or clearly identified in the Heads of Agreement to avoid uncertainty.

  • The Heads of Agreement should be clearly drafted in plain English and accurately reflect the intention of the parties with all the essential terms and conditions incorporated.

Write an Employee Reference Letter

How to write an Employee Reference Letter

There are a few simple guidelines for writing an effective reference letter.
Firstly if you don't feel comfortable writing the reference or don't feel you can't say anything positive about the person involved then its better to tactfully decline. It is far better for the individual to find another person who can provide a positive reference for them.
References should contain the following points -  CLICK HERE

Tuesday 28 July 2009

Associate Lease Agreement, Salary Sacrifice, Salary Packaging

Associate Leases: A Guide for Employers and Employees



You have probably heard of salary packaging or salary sacrifice, a flexible remuneration scheme where employees agree to forgo part of their salary (thus the term salary sacrifice) in exchange for certain non-cash benefits. An associate lease is one of the ways through which employers can provide their employees with car benefits under a salary packaging agreement. With an associate lease in place an employee can reduce their taxable income in exchange for a motor vehicle.
What is an Associate Lease?
An Associate Lease is a lease rental arrangement whereby an Associate of the employee (eg partner, spouse) owns the motor vehicle and leases it to the employer. The motor vehicle is then provided to the employee on a fully maintained basis.
Once the lease is in place, the motor vehicle is recognised as an Employer provided motor vehicle for both the purposes of the Income Tax Assessment Act and the Fringe Benefits Assessment Act.
The Benefits of Associate Leases
The Associate leases arrangement provides two key benefits :
i) Lease payments are paid as income to the associate who would generally be in a lower tax bracket than the employee.
ii) Additionally all of the running and maintenance costs are paid for and claimed as a deductable expense by the employer.
iii) Employee forgoes income in exchange for car benefits thereby reducing tax liability 

An associate lease is thus a salary sacrifice arrangement that is very similar to a novated lease agreement. However, in an associate lease, the employee's associate is the owner and thus the lessor of the vehicle provided by the employer to the employee whereas, in a novated lease, a finance company is the lessor.
However convoluted it may seem on the surface, an associate lease is simply an arrangement in which the employee through his associate leases the employer his or her existing car so that the employer can provide him or her with car fringe benefits, which he or she pays for by sacrificing part of his or her future salary.

Under an Associate Lease Agreement, the associate is liable to pay taxes on the lease payments received. However, if the associate in the agreement happens to be someone who has no or quite low income (e.g. adult child attending university), then income tax savings can still be considerable. After all, the marginal tax rate would still be lower than the rate that the employee would have to pay had the amount been on his or her assessable income. The depreciation allowance for the first year also leads to further reduction in the associate's assessable income.

For More Please Visit the RP Emery website

Friday 10 July 2009

Tenants in common agreement allows for co ownership of property

Tenants in common

The soaring price of real estate makes getting into the property market hard. The possibility of pooling resources with friends and family to achieve this is appealing.
The question is…How?
The answer could be to become ‘tenants in common’.

Tenants in common is a type of joint ownership of property. This type of co ownership is most suited to investment type properties where each ‘tenant in common’ is able to deal with their interest individually. It is vital to all involved that the purchase is documented and regulated by a tenants in common or co-ownership agreement which can outline every aspect of the purchase.
There can be as many individuals as you like holding a share of the title to a single piece of real estate. The shares in this type of agreement do not have to be equal meaning you can have multiple ‘owners’ with varying shares in the property. These shares are generally decided at the time of purchase, but can be altered at any time, provide all parties agree to the change.
Each shareholder is able to leave their share of ownership in their will to anyone they choose and the other tenants in common have no legal claim to it. Each tenant in common has the right to deal with their share of the property separate from the others. The share of a tenant in common is known as an “undivided” share.
An initial outlay or ‘capital’ is needed and then an amont (stated in the agreement) is paid into a ‘revolving’ fund on a pre determined schedule (ie, weekly, fortnightly,monthly). This fund covers all expenses incurred by the property and if these exceed available funds then each party must put in extra money.
What if I want to sell my share?
After an amount of time set out in the agreement, a party can sell their shares. They can be sold to anyone but must be offered to the other parties in the agreement first (known as the ‘first right of refusal’). If the sale is accepted then the selling party will be responsible for the cost of valuation and all of the other costs incurred.
These are the basics of becoming ‘tenants in common’. The finer details are all covered in your ‘tenants in common’ agreement.
It is a viable and sound way to enter the property market without having to find all the money yourself. Just do it right at the beginning and you can be on the property market ladder sooner than you might think.As long as you have made a ‘Tenants in Common agreement and all parties have signed and agreed then there can be no arguments in the future.

Thursday 28 May 2009

Property Settlement When A De Facto Relationship Has Broken Down.

How to do Property Settlement When A De Facto Relationship Has Broken Down.

Before the right to create Financial Agreements (FAs) was extended to same-sex and de facto relationships, when such a relationship had broken down, both parties would have had to prepare themselves for some long-winded and tedious litigation through the Supreme Court.

This has now all been changed with the introduction of section 90UD of the Family Law Act 1975 which specifically entitles people in de facto relationships to agree upon what they consider to be a fair distribution of property and financial resources once the relationship has broken down. For More Please Visit www.financialagreements.com.au

Thursday 19 March 2009

Binding Financial Agreements, Prenups, Postnups and Separation

Financial agreements can now be made between same-sex couples. Discussing a binding financial agreement, as it is known under the Family Law Act, is hardly the most romantic thing to do with your partner, but for many people, it may be the most important document ever signed.

No longer an exclusive financial risk-management tool for Hollywood celebrities, increasing numbers of less famous couples are known to be opting for written agreements to protect the financial assets each partner brings to the relationship.

It's the same type of agreement that is increasingly likely to be drawn up after a relationship has ended, as a preferred way of dividing up assets outside the public eye of the courts.

The popularity of binding financial agreements (BFAs) shows women and men are taking more financial and legal precautions against a relationship breakdown. Most see it as a form of insurance -- a legally binding safety net which they hope to never need.

To Find out just how easy and affordable this safety net is please see www.financialagreements.com.au

Monday 9 February 2009

Avoiding cheque fraud

Avoid the `risks’ involved when receiving and paying by cheque.
Although other methods of paying bills are gaining in popularity (eg , telephone banking,EFTPOS, internet banking) cheques are still being used. However, the law about "crossing" cheques was changed in 1996.

As protection against a cheque being cashed by someone other than the person the cheque is made out to . . . you should print the words `Account Payee Only ' or `Not Transferable' across the centre of the cheque. Crossing like this with 'Not Transferable', or 'Account Payee' (A/C Payee) means that the cheque can't be cashed and used by someone else.
A cheque marked as 'Account Payee' can only be paid into the bank account held by the person it is made out to. Some people write 'A/C payee only' which is also fine.

Using this method makes it clearer to the person receiving the cheque, and this will help reduce any chances of cheque fraud, as anyone using the cheque can only put it into the account named on the cheque. But because only the person named on the cheque can bank it, it is very important that the name is written correctly and exactly as the name appears on the account it is being paid into.

Not-negotiable cheques are not the same as 'Non Transferable'. A cheque marked 'Not’ or ‘Non Negotiable' can be transferred to someone other than the person it is made out to. But it still has to be paid into a bank account. Don't accept a 'Non Transferable' cheque made out to someone else. Don't accept a 'Non Transferable' or 'Account Payee' cheque if it has been transferred to you. Only accept it if it has been made out to you in the first place.

Make sure your name is written correctly, as it must be the same name as your bank account. For example: imagine you were selling your car over the weekend and the buyer didn't have enough cash, but, they offered you their wage or pay cheque instead.
If it's a 'Non Transferable' cheque your bank could decline to take it. Then you'd have to track down the buyer and get them to pay you again. (Good Luck) 

Cash cheques -- writing a cheque out to 'cash' means that anyone can cash it for the sum it is written out for. It does not have to be paid into a bank account. This can be done for someone who may not have a bank account so don't also cross the cheque with 'non transferable' or 'A/C payee'. But also be aware that if a cash cheque is lost, anyone could bank it. Treat a `cash’ cheque as if it were actual dollar notes and don’t lose it!

If you just follow a few simple rules then using cheques is still a safe form of using your money.
Written by R.P.Emery
Taken from Legal Guide

Thursday 8 January 2009

What is Fair Wear and Tear

What is Fair Wear and Tear


Are you being too tough on your tenants?

The basic definition for fair wear and tear is:


‘damage that occurs during normal use or something that happens due to aging’.
As a tenant wrapped up in day-to-day life little bumps and dints, some light scratches and a smattering of smudges are usually things which cannot be avoided. A complete list of employment contracts can be found here: Residential Tenancy Agreements.

BUT, what if you are the proud owners of an investment property and your tenants are leaving their mark on your asset? Just HOW much do you let them get away with?
Deciding on what is fair is a huge challenge that property managers have to face every time a tenant leaves a property.
The problem lies in the fact that the term 'fair wear and tear' is not specifically defined in the Tenancy Act or the Tenancy Agreement, so it is open to individual interpretation. Some landlords can be very hard on tenants and while they expect the premises to be perfect, it is important to be fair to the renters.

Things like wearing carpet, slight smudges on the walls, chipped tiles, holes in fly screens, marks on curtains and carpets, insects in light fittings or dusty window and door tracks can happen in a normal day, and, they can happen to anyone. Other important factors that should be considered are the number of tenants, the time of tenancy and the age of fixtures and fittings prior to their tenancy.

It is important to think about the normal signs that appear when a property has been lived in for a period of time. Allowances must be made for this when it comes time for the property inspection and checking off on the original ‘condition report’.
So why is comparing the ‘condition report’ to the current state of the property so important?
The purpose of the final inspection is to compare the current state of the property to the initial condition report completed by the tenants at the beginning of their stay. The legislation states that the tenant must leave the property in the same condition as when they entered, and any substantial damages will then have to be paid from their rental bond after they have vacated the premises.

Just a bit of simple common sense and understanding from both sides can prevent any disputes;
As a tenant you should take care of the property and try and leave it as you entered it or you may be liable for the costs involved for repairs. You may also lose the large ‘rental bond’ which you paid at the beginning of your stay.

As a landlord then understanding that little things happen when living in a property is important and allowances MUST be made, you must take into consideration the fair wear and tear factor. Of course if there are obvious signs of avoidable damage to the property then you should not have to pay for this yourself.
With this understanding the relationship between tenant and landlord can and should be a good one.
http://www.rpemery.com.au