Senior or executive staff resigning and taking valuable customer and confidential information with them could result in extensive damage to a business. Post-employment restraints or restraints of trade clauses, that come into effect after employment ends, can protect the legitimate interest of the employer. 

One of the most effective marketing channels for start-ups today is email.  Using email marketing tools make it simple quick and easy for marketers to create a campaign, upload a list of contacts and send the email out.  However, it is vital to have a basic understanding of the laws around such marketing and which laws you need to comply with, such as the Spam Act 2003(Cth), before setting up an email marketing campaign. 

Employee share schemes (ESS) are a great idea to better align employees’ interests and the financial interest and performance of a business.  These schemes allow eligible employees to purchase or acquire shares or employee share options (where employees are given the option to purchase shares at a later date or upon achieving certain key performance indicators). 

Convertible notes, if well structured, can be a simple, flexible and cost-effective way for a start-up to raise funds.  Start-ups can offer convertible notes, which are debt instruments that may be converted to equity, to raise capital, instead of offering shares to investors at the very outset.

Learning about Intellectual Property (IP) will make utilising it more efficient and help gain substantial net benefit. Protecting IP can give a competitive advantage as it can ensure that (among other things), competitors are legally barred from replicating the innovation.

Crowd-sourced funding (CSF) is an alternative way of raising funds and is especially attractive to innovative companies, start-ups and emerging businesses as it allows large numbers of the public to make small financial contributions in exchange for obtaining equity in these companies.

Are you thinking of setting up your own business? Do you know what you should be aware of and what to avoid? Entrepreneurs are, by definition, ambitious and driven and have an exceptional understanding of their industry which is the result of their research and experience. 

Are you interested in establishing a charity? Have you got a checklist to help you? This article outlines some general information for those interested in establishing a not-for-profit organisation to receive donations from the public for charitable purposes. 

Are you a charity or a not-for-profit? Here are important issues to consider when fundraising It is important for an organisation to comply with fundraising laws, otherwise the fundraising would be unlawful and legal penalties and reputational damage can result. 

Do you have a company website? Are you sure that you have the applicable T&Cs? Online presence is very important for business transactions in today’s world. This enhances the need for appropriate terms and conditions (T&Cs) before going live with your company’s website and any transactions taking place. 

Are you considering buying a business? Do you know and understand the implications of purchasing assets vs shares? As a prospective buyer, you are able to buy shares in the company or the assets required to undertake the business.