Commercial & Company

Cygnus Law provides practical advice and assistance in relation to the preparation , review and updating of a wide range of commercial agreements that matter to your business.  That includes:

• Preparing and updating client agreements, supply agreements, distribution agreements, contractor agreements, broker agreements, terms of trade, confidentiality agreements and referral agreements.
• Advising on key commercial terms including those in relation to payment, restraints of trade, termination, dispute resolution, warranties and intellectual property protection.
• Advising on relevant obligations at law including under the Consumer Guarantees Act and Fair Trading Act (see “Consumer and Privacy Law Compliance” below for more information).

Cygnus Law advises on relevant consumer and privacy law, including under the Consumer Guarantees Act, the Fair Trading Act and the Privacy Act. That includes:

• Advising on the nature and effect of consumer guarantees under the Consumer Guarantees Act, and rights to contract out with respect to B2B contracts.
• Advising on the “unfair contract terms” prohibition (Fair Trading Act) that applies to all consumer agreements and some B2B contracts law, and assisting to prepare compliant agreements.
• Advising on effective e-commerce including on online contracting and compliance with unsolicited electronic message obligations.
• Advising on obligations under the Privacy Act and on relevant exceptions.
• Preparing and updating privacy policies and procedures.
• Assisting with the reporting of notifiable privacy breaches.

Cygnus law supports businesses to help to ensure that their advertising and marketing activities comply with law.  That includes:

• Advising on law that prohibits conduct that is (or is likely to be) misleading or deceptive, and unsubstantiated representations.
• Reviewing advertising and marketing materials, including websites, to identify risks of non-compliance with that law.
• Advising on the regulation of sales competitions and preparing competition terms & conditions.

Cygnus Law can assist you to successfully complete the sale or purchase of a business or portfolio, either via asset or share sales. That includes:

• Assisting to prepare and negotiate term sheets.
• Providing legal due diligence services.
• Assisting to prepare and negotiate sale & purchase agreements.
• Providing advice on, and assistance with, settlement of transactions and post-settlement matters.

Cygnus Law provides clients with practical advice and support to comply with company law and to meet corporate governance standards.  That includes:

• Advising on share classes and share issue requirements, advising on restrictions on directors when they buy or sell shares in the company, and preparing term sheets and subscription agreements.
• Advising on share transfers, consolidations, splits and buybacks, and on changing share classes.
• Advising on dividends and on the provision of shareholder discounts or benefits.
• Preparing constitutions and shareholder agreements (see below).
• Advising on board and shareholder meeting requirements.
• Advising on the appointment and removal of directors.
• Advising on directors’ duties and responsibilities, director disclosure obligations, and on powers to provide insurance and other benefits to directors.

Cygnus Law provides clients with practical advice and support to comply with company law and to meet corporate governance standards.  That includes:

• Advising on share classes and share issue requirements, advising on restrictions on directors when they buy or sell shares in the company, and preparing term sheets and subscription agreements.
• Advising on share transfers, consolidations, splits and buybacks, and on changing share classes.
• Advising on dividends and on the provision of shareholder discounts or benefits.
• Preparing constitutions and shareholder agreements (see below).
• Advising on board and shareholder meeting requirements.
• Advising on the appointment and removal of directors.
• Advising on directors’ duties and responsibilities, director disclosure obligations, and on powers to provide insurance and other benefits to directors.