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Meldon D’Cruz – Buying or selling a business – steps involved from a legal perspective

October 31, 2023
Articles, CPD, Professional Development

For this Clarence Professional Development Session, we were joined by Meldon D’Cruz, Principal at Cruz Legal.

Meldon provided a comprehensive overview of the key steps for practitioners to be aware of when advising clients on acquiring or disposing of a business.

Using a case study, the following was discussed:

  • Identifying commercial risks and managing commercial contract negotiations;
  • Identifying key employee issues;
  • Addressing key issues with commercial & retail leases;
  • Managing intellectual property matters;
  • Understanding the impact of financing on the transaction; and
  • General risk management ideas for practitioners.
Please fill out the form below to view the video
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Competition Terms and Conditions

  1. The Promoter is Clarence Professional Group (Melbourne) Pty Ltd, L11, 456 Lonsdale Street, Melbourne VIC 3000 ABN 81 624 440 400 (the Promoter).
  2. Entry into the competition constitutes acceptance of these terms and conditions.
  3. Entry is open to all VIC, NSW and QLD residents of 18 years of age or older except any employees of the Promoter and their immediate families, orany existing office and virtual members (or their related entities) of the Promoter.
  4. The competition closes at 11:59PM on the 1st March 2024. The winner will be announced on the 8th March 2024.
  5. To enter the competition, participants need to submit their entry at clarenceprofessionalgroup.com.au/comp via the website form, or other accepted methods of entry provided by Clarence. One entry is allowed per entrant. Verified business email address required. Complete details are required (first and last name, phone number, work email, city, company name).
  6. Competition entries will be evaluated during the 2nd and 8th of March at Clarence Professional Offices at Level 33, 385 Bourke Street, Melbourne.
  7. The winner will be notified by email and phone call by a representative of the Promoter. The competition winner will also be announced on Clarence Professional Offices’ social media channels. By entering this competition, the winner provides their consent to being announced on Clarence Professional Offices’ social media channels.
  8. Winner selection criteria is determined via random draw. All decisions are final.
  9. Prize details: the prize is a 6-month license fee agreement for a 2-person serviced office space one of the following Clarence Professional Office spaces -Level 33, 385 Bourke St, Melbourne, Level 11, 65 York St, Sydney or 95 North Quay, Brisbane. The value of the prize is $9,500 (incl. GST) (the Prize). A security deposit is applicable to redemption of the prize, refundable at the end of the license agreement, pending standard terms and conditions of Clarence Office License Agreements. The security deposit is calculated at 2 months of the list price for the serviced office offered as the competition prize. Location of prize is subject to change at any time in the Promoter’s sole discretion.
  10. Standard Clarence Office License Agreement terms and conditions apply.
  11. The prize is non-transferrable, it cannot be exchanged or redeemed for cash and can be cancelled any time by the Promoter.
  12. If the prize winner requires a larger serviced office space, the prize value can be credited towards an agreement for a larger space for an equal or longer lease period. Larger spaces are subject to availability and are at the sole discretion of the Promoter.
  13. Use of the prize is solely for the winner of the promotion.
  14. The Promoter assumes no responsibility for late, lost or misdirected emails or phone calls. If the Promoter is unable to contact the competition winner after 1 week (for any reason), the prize will be withdrawn and transferred to the next successful recipient.
  15. If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.
  16. The Promoter reserves the right to alter or amend these terms and conditions at any time throughout the promotion, or limit entry, without notice.
  17. The Promoter will not be responsible or liable if for any reason (beyond their reasonable control) any element of the Prize is not able to be provided.
  18. In all matters, all decisions of the Promoter, will be final and cannot be contested. No correspondence or discussions will be entertained.
  19. The Promoter reserves the right to disqualify any individual who the Promoter believes has breached any of these terms and conditions, or engaged in any unlawful or other improper misconduct. The Promoter reserves it rights to recover damages or other compensation from any such offender.
  20. All contestants release from the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in this competition including (but not limited to) loss of income, personal injury, accident or death and damage to property and whether direct or consequential, foreseeable, due to any negligent act or omission or otherwise.
  21. By entering into this competition, you agree to share your personal information with the Promoter, subject to the Promoter’s Privacy Policy, for use in marketing and sales activities by the Promoter.
  22. To the extent permitted by law, the Promoter is not responsible or liable for:
    (a) inaccurate or incorrect transcription of entry information;
    (b) non-receipt of entries for any reason;
    (c) problems or technical failures of any kind;
    (d) unavailability or inaccessibility of any service or website;
    (e) unauthorised human intervention in any part of the competition;
    (f) electronic or human error; or
    (g) any damage or loss (direct or indirect) suffered by reason of any act or omission of the Promoter, its employees or contractors in relation to entry into this competition or supply of a prize.