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Commercial Ventures/Corporate Advisory

"Successful expansion requires strategic planning combined with an understanding of the market and its regulatory system."

Extract from an article in American Australian Business by Katarina Klaric.

The firm provides advice on corporate and commercial structures such as companies, joint ventures, partnerships and trusts. We not only provide extensive advice to boards and senior management on company laws, corporate governance and regulatory compliance, but also ancillary advice on issues relating to competition law (including approval for merger/acquisition/investment) and intellectual property protection.

Our lawyers have experience in international trading transactions, particularly in the Pacific Rim, UK and Europe and have assisted overseas corporations with successful entry into the Australian market, and local companies with export and import strategies. The firm also provides legal and consultative services on import and export business.

Companies considering international expansion have a number of structural options to consider.

  • Establish a branch office or subsidiary company
  • Acquire or merge with a local company or business
  • Enter into a joint venture agreement, partnership or management agreement with a local company or business
  • Grant an area development or master licence for a territory
  • Grant licences or franchises directly to local entities
  • Enter into technology transfer agreements
  • Enter into an agency/distribution agreement with a local company or business

The vehicle ultimately chosen for expansion of a company's operations will be influenced by factors such as:

  • Financial resources and personnel levels
  • Refinements required to products or systems to suit the local market
  • Economic or financial incentives offered by local governments
  • The taxation system
  • Local laws and regulations
  • Required returns on investment and potential risks
  • Exit opportunities or strategies.

Stephens Lawyers can assist with all aspects of contractual negotiation and preparation and review of commercial agreements including:

  • Share Purchase Agreements/Asset Purchase Agreements
  • Shareholders Agreements
  • Sale of Business, Mergers and Acquisitions Agreements
  • Partnerships and Joint Ventures Agreements
  • Licence or Franchise Agreements
  • Distribution or Agency Agreements
  • Facilities Management Agreements
  • Hotel Licence and Management Agreements
  • Technology Transfer
  • Lease Agreements.
  • Confidentiality Agreements
  • Heads of Agreements/Term Sheet/Memorandum of Understanding

Links to Publications

Competition Law Considerations following the Metcash decision - October 2011


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