Rouse Lawyers

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Governance Documents

Governance agreements are designed to protect the rights of stakeholders where there is more than one owner of the entity which carries on the relevant business.

Governance Agreements

Governance agreements include:

  • Shareholders Agreements for companies;
  • Unitholders Agreements for unit trusts;
  • Partnership Agreements for partnerships; and
  • Joint Venture Agreements for incorporated and unincorporated joint ventures.

If you are carrying on business with another person, you should have a formal agreement regulating the way all participants in the business interact with each other on issues such as control, ownership, liability and commercial decision making.

Can your partner spend the businesses’ money without first having to check with you? Who has effective control of the company? Do you have a right to appoint a director? Are you entitled to see the company’s financial records? These are just some of the issues that can be dealt with in a stakeholder agreement.

We assist the stakeholders in a new business venture to examine the key issues that may arise as the business matures. This initial process is much like a ‘pre-nuptial’ arrangement. Everyone is excited at the outset and the possibilities are endless. As in marriages though, disputes often occur. An effective stakeholder agreement should set out how such disputes will be dealt with to minimise the impact on the business.

It is also helpful to have a well-documented procedure for the sale of stakeholder interests where a dispute cannot be resolved or to allow the exit of a party from the business.

There are many issues that can be dealt with in these types of agreements. We are very experienced in preparing both simple and complex stakeholder agreements for a variety of purposes.

Our Recent Work

Our recent work in this area includes the following.

  • acting in a capital raising transaction involving multiple companies with operations in Australia, Asia and the USA. The transaction involved three (3) separate shareholders agreements to protect the lenders and investors;
  • preparing partnership, shareholder, buy/sell agreements for a four (4) partner professional services firm;
  • preparing a shareholder agreement and buy/sell agreement for newly formed entity acquiring IGA stores. We also acted on the acquisition of the first store;
  • preparing a partnership agreement and buy/sell agreement for a financial planning partnership;
  • acting for joint venture companies where technology or intellectual property of one party is combined with market presence and distribution networks of the other; and
  • using shareholders agreements as part of an employee incentive share scheme with limited recourse loans and employment agreements.

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Client Reviews

"Robert was outstanding"

Robert was outstanding. He was pro-active with his views and was very forthcoming with the approaches that should be taken and possible ramifications. He kept us informed all the way, was very definitive on things and just handled every little bump and left field issue along the way in his stride. The way he communicated with the Australian Taxation Office was exceptional.

Mandrew SmithPartner Kmw Accountants

"We highly recommend Matthew Rouse of Rouse Lawyers"

We engaged the services of Matthew Rouse of Rouse Lawyers for the sale of our Medical business. We understood this process could be long, stressful & complicated as it indeed turned out to be. Matthew handled the process with great care, patience & diligence & he helped to drive the negotiations forward culminating in a successful outcome. Matthew was always available for comment & advice & his unflappable nature was of great reassurance to us. We highly recommend Matthew Rouse of Rouse Lawyers.

Ailbhe & Frank Cunningham

“We highly recommend Rouse Lawyers”

“Camfil Farr is a multinational organisation and we use lawyers across the world. Rouse Lawyers, was chosen as alternative to the top tier, and have acted for us in a number of matters concerning our Australian operations. We have found their strategic advice and alternate approaches to the law to be highly valuable and unique. We highly recommend Rouse Lawyers”

Bruce LandfordCamfil Farr

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BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

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