Tenancies Mandatory Code of Conduct
A recent case decided upon by the NSW Supreme Court has provided clarity on the application of the Mandatory Code of Conduct for retail and commercial tenancies. The code (introduced in April and in force until 31 December 2020) intends to appropriately balance the business interests of tenants and landlords while in the midst of the Coronavirus pandemic.
Tag me or drag me
If you are about to sign up to a shareholders’ agreement, make sure you check to see if it contains clauses dealing with drag along and tag along rights. Put simply, if you had a two shareholder company, a tag along right allows you to ‘tag’ along with another shareholder who is selling their shares to a buyer.
Setting Up Your Business: What Structure is Best for You?
Selecting the right business structure is critical as it plays a role in the success of your business. There are several factors to consider when doing so, and they are highly dependent on your priorities, circumstances and resources.
Liquidators right to disclaim lease
Commercial leases are usually more favourable to landlords than to tenants. There is always a clause in there that says if the tenant is placed into liquidation, it is a breach of the lease. What a lot of tenants do not consider when signing up to a lease, is what happens to them and their lease if the landlord is placed into liquidation.
Leasing: Save the Date!
Any lease which contains an option will specify the time in which the tenant has to exercise the option. Retail leases place an obligation on the landlord to let the tenant know the date is coming up. Commercial leases do not. Whilst most lawyers advise their clients of this time frame, which is usually no more than 9 months and no less than 3 months before the expiry of the term, you should
Due Diligence for Commercial Property
Whether you are a seasoned real estate investor or new to the game, buying a commercial property can be both exciting and stressful. Engaging good consultants to assist you with your property due diligence investigation from the beginning of this process is important.
