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BUNDLE

Companies, NSW Conveyancing and NSW Business and Franchise

This bundle includes guides from the following three publications. 


Recent updates can be viewed on Obiter - our News & Updates site. 


Companies, Trusts, Partnerships and Superannuation


This valuable publication provides a simple guide to companies, trusts, partnerships, joint ventures and superannuation, with all commonly required documents, allowing you to advise and service your clients with confidence.


Superannuation is explained simply and comprehensively, and is accompanied by a full suite of precedents, including everything needed to set-up, run and amend a self managed superannuation fund.


The commentary provides a tax and succession planning overview sufficient for most circumstances found in general practice.


Some of the most popular precedents included in this publication:




    • Comparative table of business structures

    • Limited recourse borrowing documentation

    • Company constitution

    • Company resolution

    • Shareholder agreement (long and short forms)

    • Agreement for sale of shares

    • SMSF trust deed and rules

    • Binding death benefit nomination

    • Unit trust

    • Discretionary trust deed

    • Hybrid trust

    • Joint venture agreement

    • Partnership agreement

    • Put and Call option

    • Charitable trust



NSW Conveyancing 


A complete matter-management solution which allows solicitors, conveyancers and support staff to run a busy conveyancing practice. Includes the By Lawyers Contract for Sale of Land.


Each step in the transaction is set out in sequential order with easy access to all of the required precedents and a simple but comprehensive commentary. The publication includes the reference materials ‘1001 Conveyancing Answers’, ‘A full description of the sale process in NSW’ and ‘A full description of the purchase process in NSW’. 


Popular precedents include:




    • Contract for sale of land – By Lawyers

    • Order on the agent 

    • Letter to vendor's solicitor with settlement adjustments and requesting payment directions 

    • Detailed cover sheet - Purchase of real property 

    • Section 66W certificate 

    • Direction to pay to purchaser’s solicitor

    • Notice to complete

    • Contract for sale of land – Law Society

    • Letter to vendor's solicitor submitting transfer

    • Settlement instructions mortgagee



NSW Business and Franchise


The easy to follow, comprehensive procedures and checklists in this guide eliminate common issues which cause delay or dispute in relation to contracts for sale of business, such as purchaser entity, finance, premises and franchise requirements.


Precedents include our new Uniform Contract for Sale of Business which covers all aspects of the transaction from pre-exchange vendor warranties and purchaser guarantees (by shareholders where applicable) to completion, including effective releases of PPSR security interests, transfer all of business assets including copyright works, trade marks, supplier contracts, et cetera and the ASIC/Fair Trading requirements for the transfer of business name. Our contract also customises the competition restraints so they are enforceable, bind the key people and deal with e-commerce, non-solicitation of staff and customers and confidential information.


The commentary compares business structures, sets out the tax consequences of sale price apportionment, explains the tax treatment of stock, long service leave and other employee entitlements, considers the status of the premises and any franchise agreement and discusses many other important issues affecting business conveyancing.


Some of the most popular precedents in this publication include:




    • Uniform contract for sale of business

    • Letter to purchaser's solicitor submitting contract

    • Letter to vendor's solicitor with executed contract for exchange

    • Direction to pay to purchaser's solicitor

    • Order on agent

    • Notice to complete

    • Direction to pay to incoming mortgagee

    • Summary of relevant considerations

    • Letter to vendor's solicitor raising requisitions




MATTER PLAN