Is your next move the right one?

Most lawyers enjoy advising on compliance. From a lawyer’s perspective, compliance is predictable and it’s far easier to be ‘black and white’ when giving advice. The issue with that is executives live in a ‘grey’ world where everything is unpredictable and uncertain. There’s no such thing as a “sure thing”.

Madgwicks’ Corporate Services team is another set of eyes and ears for executives. We look beyond just compliance. We’ll help you make the right strategic decision by working with you to assess the ‘grey’. This includes conducting due diligence, identifying risk management issues and providing strategic and pragmatic advice on the commercial transaction.

Whenever a transaction requires, our corporate lawyers are able to bring in the expertise of our lawyers from other teams, including taxation, finance, property, workplace relations and intellectual property to ensure that the structure and strategy behind the transaction is to the utmost benefit of the client, and all risk management scenarios have been identified and properly addressed.

Our experience includes working with publicly listed companies, private companies from start-up to exit, financial institutions, multinationals and subsidiaries, fund managers, advisory firms, trustee companies and superannuation funds.

We also work hard to maintain good relationship with regulators, including ASX, ASIC, APRA/AUSTRAC and the ATO.

There are plenty of law firms who can help you with ‘just’ compliance. But if you need a trusted advisor that can help ensure your next move is the right one – give Madgwicks a call. We’d be happy to share some of our experiences with you.

 

Capital raising and corporate finance

Debt or equity… the real question

Australia’s banks and corporate lenders are becoming an increasingly attractive option for businesses looking to fund acquisitions or to respond to changes in the market.

But sometimes giving up equity is in your business’ best interests. Your investors can bring invaluable expertise to the table to move your business to the next level. Or perhaps you are looking to sell a stake in your business and start something new. Or retire.

Whatever it is, our experience has taught us that when it comes to raising funds, there’s no ‘one solution’ that fits every business and every set of circumstances.  So, regardless of whether you choose debt or equity to secure capital, the Madgwicks team is well placed to advise your business on matters relating to Australian and international capital markets.

Our connections, both locally and worldwide, can help you add options for your next move. And we all know that options are a good thing when negotiating a loan or issuing bonds or shares to investors. Contact Madgwicks today to learn more about our experience helping Australian public and private businesses raise capital.

Corporate governance and compliance

From the back room to the board room

A proactive approach to compliance will ensure your business operates with minimal interference from regulators. Madgwicks’ lawyers are well equipped to advise on best-practice corporate governance principles and procedures. We can ensure that the interests of the companies, its directors and stakeholders are protected and meet their legal obligations.

Contrary to some out-dated beliefs, corporate governance and compliance extends well beyond financial reporting.  It encompasses issues such as executive remuneration and incentive mechanisms, standards and ethical behaviour, risk management and conflicts of interest. Our corporate advisory team, together with support from others within our firm and our external networks – have got you covered through the entire framework of corporate governance and compliance.

And finally, when things don’t go as planned – our Dispute Resolution & Litigation team has a wealth of experience fighting on behalf of businesses facing audits and investigations from Australian regulators.

Corporate structures and joint ventures

Start with a strategy, then a partner

The whole purpose of a joint venture or strategic alliance is to be beneficial for all stakeholders – the businesses, the shareholders and investors and the end-customer. It’s a balancing act – so it’s useful to set your intentions well before approaching prospective partners.

Madgwicks works with public and private businesses to draft and negotiate joint venture, partnership and strategic alliance agreements that drive success and work towards a common objective. They encourage and protect the different economic positions, assets, skills and outlook of the different parties. Because of the nature of joint ventures, it’s important that agreements maintain a degree of flexibility and adaptability so that the partnership can grow over the long-term. This will give you the best chance to buck the trend.

If you’re considering a joint venture or strategic alliance as a way to grow your business and deliver more value to shareholders and customers, contact our Corporate Services team. We would be happy to share some of our success stories with you.

Our Experts

Thought Leadership & Past Experiences

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17 November, 2019

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No two companies are the same, therefore, no two shareholders agreement should be either. Lawyer Catherine Tan provides some useful tips for entering into a shareholder agreement in this Mandarin Guide.
1 August, 2019

PPSR Series: Getting super results from a super priority – learning how to use a PMSI under the PPSA

Special Counsel Catherine Ballantyne explains what you need to know about PMSI and the benefits and tips and tricks for registering and using them.
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