Merton Journal
At Merton, understanding starts by arming you with tools and resources to better navigate your next steps in law, business and life.
The Merton Monthly: September
We zoomed through August and can hardly believe spring has arrived! We attended many events and are thrilled to announce that one of our team members is a finalist for the 2023 ALPMA awards.
The State Revenue Homebuyer Fund and What’s in it for You?
The Victorian Homebuyer Fund (VHF) creates an opportunity to get into the housing market by sharing equity in the property with the Victorian Government. Equity is simply another way of labelling the ownership share in the property. By entering into this scheme, you will need to view your home buying journey with a different mindset. In effect you are purchasing a portion of your property now and purchasing the rest of it later from the Government.
The Merton Monthly: August
The past month has been quite eventful for us at Merton Lawyers. We were thrilled to launch Project Frontier and welcome some new team members onboard.
Drag along and tag along rights in Shareholders’ Agreements
Drag along and tag along rights are important forms of investment realisation in shareholders’ agreements. Tag along rights protect minority shareholders in the event that a majority shareholder (or a group of shareholders representing a majority) exits the company. Drag along rights, on the other hand, favour majority shareholders (or group of shareholders representing a majority) who want to compel minority shareholders to join a sale.
Reserved matters in Shareholders’ Agreements
Reserved matters are key decision-making powers that are reserved in a shareholders’ agreement for the shareholders of a company. They ensure that certain matters or actions cannot be undertaken by the company or its subsidiaries without the approval or special majority of the shareholders.
Restraint clauses in Shareholders Agreements
A shareholders agreement may include restraint clauses which seek to prevent a shareholder from competing with the company, disclosing confidential information and/or soliciting the company’s clients or employees.
Exit mechanisms and options in Shareholders’ Agreements
Exit mechanisms and options refer to the provisions and processes included in shareholders’ agreements which enable shareholders to exit a company and/or dispose of their shares. Exit mechanisms and options are crucial components of shareholders’ agreements because they provide shareholders with a means of realising the value of their investment in the company and provide a mechanism for transferring ownership of the company to new investors and shareholders.
Employee or Independent Contractor?
As a founder, registering a trademark may not be your top priority, but it's critical to protecting your brand and intellectual property. A trademark is a symbol, logo, or word that distinguishes your company and its products or services from others. It’s essential to ensure the continuous success of your brand, and a registered trademark makes it much easier to protect your own properties and prevent others from duplicating them. However, there are several things to keep in mind before you register your trademark. Read on for our founder’s guide to registering a trademark.
The Importance of Registering a Trademark: A Founder's Guide
As a founder, registering a trademark may not be your top priority, but it's critical to protecting your brand and intellectual property. A trademark is a symbol, logo, or word that distinguishes your company and its products or services from others. It’s essential to ensure the continuous success of your brand, and a registered trademark makes it much easier to protect your own properties and prevent others from duplicating them. However, there are several things to keep in mind before you register your trademark. Read on for our founder’s guide to registering a trademark.
Understanding Product-Market Fit: What It Is and Why It’s Important
Creating a successful product or service requires more than just an innovative idea. It must also answer a fundamental question: does it fit the market? This is where product-market fit comes in. Product-market fit is the alignment of a product or service with the needs and preferences of the target market. It’s the ability of a product to meet customer demands and solve their pain points. In short, it’s the key to success for any startup. In this article, we'll explore what product-market fit is, why it’s so important, and some examples of successful and unsuccessful product-market fit.
Board composition clauses in shareholders’ agreements
A well drafted shareholders’ agreement will include provisions pertaining the composition of the board of directors. Board composition clauses are essential for determining the governance structure and management of a company and play a crucial role in protecting the interests of shareholders.
What types of deadlock clauses are used in Shareholders Agreements?
Deadlocks between shareholders can be costly, time-consuming and detrimental to the success of a business. A deadlock occurs when the shareholders of a company cannot agree on a decision and no side has the majority vote, leading to stalemate in the company’s operations and decision-making.
Understanding the Difference Between an Australian Company Constitution and a Shareholders Agreement
One of the most important things to consider when forming a company in Australia is the legal documentation that you use to govern the business. Many founders and investors make the mistake of relying solely on the Australian company constitution, failing to recognize that it may not provide the depth of protection that they need. If you want to ensure that your company is protected, then it is essential to understand the difference between an Australian company constitution and a shareholders agreement.
The Benefits and Disadvantages of Employing the Lean Startup Methodology in Business
The Lean Startup Methodology revolutionized the way startups are launched and sustained. This agile approach has been swiftly adopted by many businesses worldwide, resulting in significantly more efficient and cost-effective operations. However, despite its evident benefits, the Lean Startup Methodology may not be the perfect fit for every business. In this article, we will explore in detail what the Lean Startup Methodology is and weigh its pros and cons compared to other traditional business strategies.
The Month in Review: June
As June has come to a close, we reflect on the month's accomplishments and set our sights on the exciting opportunities that lie ahead in July.
The Month in Review: May
After a busy month at the Merton office, we're ready to kick off the last month of the financial year.
The Month in Review: April
As April comes to an end, we have been busy with exciting projects and expanding the Merton team.
Important Updates to Australian Employment Law
Australia’s employment law is ever-changing with minor and major updates each year. There have been some changes that affect all industries. It is important for employers to stay up to date with these changes to ensure employment agreements are current and enforceable.