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  1. Terry_w

    Small Business structure for mum & dad

    That is a large part of it. But even if you had state "my company can install a dunny for ya" then he could still sue you as a person saying the agreement was with the individual. You have to be extra careful about documentation, emails - use business and not private, notes, location of...
  2. Terry_w

    Small Business structure for mum & dad

    Contracts can be either oral or written (except for land which need to be written to be enforceable). So say 'you' are installing toilets. You meet a man at a BBQ and say "I install toilets", he says great "I need a new toilet can you come around tomorrow and install one in my shop". Is...
  3. Terry_w

    Small Business structure for mum & dad

    Hi Knightm, There are several ways a director can be liable: 1. Personal guarantees. usually required for any credit given to the company 2. OHS breaches, illegal acts, non remittance of super and PAYE tax, insolvent trading (not keeping records = insolvent trading) etc 3. Blurring the...
  4. Terry_w

    Small Business structure for mum & dad

    Worst case scenario is the company is sued and loses and the director is also liable. The creditor will then come after the directors personal assets. This would be everything in your name and also other assets possibly such as spouse assets depending on how much is at stake and how you...
  5. Terry_w

    Small Business structure for mum & dad

    Shareholders bear no risk and neither do appointors. Being a director can be very risky especially with the need to give personal guarantees for credit and leasing premises etc. There is also the risk that someone could argue that you and the trust are one and the same similar to the argument...
  6. Terry_w

    Small Business structure for mum & dad

    With trusts you need to build into the deed the succession of appointors on death. Trust assets dont form part of the estate of an individual nor do positions such as trustee or appointor. But it may be possible to specify in the will but this may not be effective and is best done outside the...
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