�ݺ�ߣshows by User: TomMeagher

�ݺ�ߣshows by User: TomMeagher / http://www.slideshare.net/images/logo.gif �ݺ�ߣshows by User: TomMeagher / Wed, 18 Sep 2019 06:48:51 GMT �ݺ�ߣShare feed for �ݺ�ߣshows by User: TomMeagher Use of Deposits in Sale Contracts /slideshow/use-of-deposits-in-sale-contracts/173301022 useofdepositsinsalecontracts-190918064851
A deposit is a pre-agreed instalment towards the purchase price in a sale contract. The Courts have held that the 2 functions of a deposit are to be: - an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and - a guarantee of due performance, that is security of the performance. A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract. Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*. The other practical, commercial and financial reasons for why a deposit is useful: > Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”. > Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer > It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table. Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity. > Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against! > Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction. ]]>
A deposit is a pre-agreed instalment towards the purchase price in a sale contract. The Courts have held that the 2 functions of a deposit are to be: - an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and - a guarantee of due performance, that is security of the performance. A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract. Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*. The other practical, commercial and financial reasons for why a deposit is useful: > Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”. > Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer > It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table. Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity. > Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against! > Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction. ]]> Wed, 18 Sep 2019 06:48:51 GMT /slideshow/use-of-deposits-in-sale-contracts/173301022 TomMeagher@slideshare.net(TomMeagher) Use of Deposits in Sale Contracts TomMeagher A deposit is a pre-agreed instalment towards the purchase price in a sale contract. The Courts have held that the 2 functions of a deposit are to be: - an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and - a guarantee of due performance, that is security of the performance. A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract. Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*. The other practical, commercial and financial reasons for why a deposit is useful: > Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”. > Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer > It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table. Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity. > Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against! > Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/useofdepositsinsalecontracts-190918064851-thumbnail.jpg?width=120&height=120&fit=bounds" /> A deposit is a pre-agreed instalment towards the purchase price in a sale contract. The Courts have held that the 2 functions of a deposit are to be: - an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and - a guarantee of due performance, that is security of the performance. A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract. Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*. The other practical, commercial and financial reasons for why a deposit is useful: > Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”. > Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer > It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table. Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity. > Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against! > Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction.

Use of Deposits in Sale Contracts from Tom Meagher

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1 Commercial Property Due Diligence - a Lawyer's Practical Guide /slideshow/commercial-property-due-diligence-a-lawyers-practical-guide/55317203 commercialpropertyduediligence-alawyerspracticalguide-151120000058-lva1-app6891
In this we cover: Certificates of Title, Restrictions on Sale, Leases, Management & Maintenance, Physical aspects of the Property, Planning, Licensing & Environment and other related due diligence considerations]]>
In this we cover: Certificates of Title, Restrictions on Sale, Leases, Management & Maintenance, Physical aspects of the Property, Planning, Licensing & Environment and other related due diligence considerations]]> Fri, 20 Nov 2015 00:00:58 GMT /slideshow/commercial-property-due-diligence-a-lawyers-practical-guide/55317203 TomMeagher@slideshare.net(TomMeagher) Commercial Property Due Diligence - a Lawyer's Practical Guide TomMeagher In this we cover: Certificates of Title, Restrictions on Sale, Leases, Management & Maintenance, Physical aspects of the Property, Planning, Licensing & Environment and other related due diligence considerations <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/commercialpropertyduediligence-alawyerspracticalguide-151120000058-lva1-app6891-thumbnail.jpg?width=120&height=120&fit=bounds" /> In this we cover: Certificates of Title, Restrictions on Sale, Leases, Management & Maintenance, Physical aspects of the Property, Planning, Licensing & Environment and other related due diligence considerations

Commercial Property Due Diligence - a Lawyer's Practical Guide from Tom Meagher

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1 Franchising systems - when they work and what to do when they don't! /slideshow/franchise-systems/41938703 franchisesystems-141124021519-conversion-gate01
We cover in this session: what is a franchise, franchise systems, benefits of a franchise system, disadvantages of a franchise, intellectual property considerations, differences in business names, trade marks and copyright, business entities and ownership agreements, Personal Property Securities Act, premises development and leasing, franchise documents, what to watch out for, useful information and contacts.]]>
We cover in this session: what is a franchise, franchise systems, benefits of a franchise system, disadvantages of a franchise, intellectual property considerations, differences in business names, trade marks and copyright, business entities and ownership agreements, Personal Property Securities Act, premises development and leasing, franchise documents, what to watch out for, useful information and contacts.]]> Mon, 24 Nov 2014 02:15:19 GMT /slideshow/franchise-systems/41938703 TomMeagher@slideshare.net(TomMeagher) Franchising systems - when they work and what to do when they don't! TomMeagher We cover in this session: what is a franchise, franchise systems, benefits of a franchise system, disadvantages of a franchise, intellectual property considerations, differences in business names, trade marks and copyright, business entities and ownership agreements, Personal Property Securities Act, premises development and leasing, franchise documents, what to watch out for, useful information and contacts. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/franchisesystems-141124021519-conversion-gate01-thumbnail.jpg?width=120&height=120&fit=bounds" /> We cover in this session: what is a franchise, franchise systems, benefits of a franchise system, disadvantages of a franchise, intellectual property considerations, differences in business names, trade marks and copyright, business entities and ownership agreements, Personal Property Securities Act, premises development and leasing, franchise documents, what to watch out for, useful information and contacts.

Franchising systems - when they work and what to do when they don't! from Tom Meagher

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1 Privacy Act, Spam Act and "the Cloud" seminar (May 2014) /slideshow/privacy-act-spam-act-and-the-cloud-seminar-mmay-2014/35158496 privacyactspamactandthecloudseminarmay2014-140527042112-phpapp01
If you are interested in how the newly amended Privacy Act and the current Spam Act may affect your business and marketing plans, and also how such applies if you do business in the "cloud", you engage in eCommerce or use data-hosting facilities, then this is for you.]]>
If you are interested in how the newly amended Privacy Act and the current Spam Act may affect your business and marketing plans, and also how such applies if you do business in the "cloud", you engage in eCommerce or use data-hosting facilities, then this is for you.]]> Tue, 27 May 2014 04:21:12 GMT /slideshow/privacy-act-spam-act-and-the-cloud-seminar-mmay-2014/35158496 TomMeagher@slideshare.net(TomMeagher) Privacy Act, Spam Act and "the Cloud" seminar (May 2014) TomMeagher If you are interested in how the newly amended Privacy Act and the current Spam Act may affect your business and marketing plans, and also how such applies if you do business in the "cloud", you engage in eCommerce or use data-hosting facilities, then this is for you. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/privacyactspamactandthecloudseminarmay2014-140527042112-phpapp01-thumbnail.jpg?width=120&height=120&fit=bounds" /> If you are interested in how the newly amended Privacy Act and the current Spam Act may affect your business and marketing plans, and also how such applies if you do business in the "cloud", you engage in eCommerce or use data-hosting facilities, then this is for you.

Privacy Act, Spam Act and "the Cloud" seminar (May 2014) from Tom Meagher

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1 "SMSF and Trusts' Transactions for Real Property Matters" seminar /slideshow/smsf-and-trusts-seminar-geraldton-august-2013/27435424 aicwasmsfandothertrustsseminargeraldtonaugust2013-131021222523-phpapp02
This is a copy of my “SMSF and other Trusts” seminar that I presented to the Australian Institute of Conveyancers’ members 3 times this year; being at Perth, Bunbury and mostly recently in Geraldton. Appreciably these slides only cover some of the trusts and compliance issues that we discussed in detail during these seminars and that pertain to Conveyancers/ affect settlement transactions. The key are covered are: Self-Managed Superannuation Funds, Limited Recourse Borrowing, Bare and Custodian trusts, Family Trusts’ real property transfers into SMSFs and vestings, Special Disability Trusts plus a myriad of other practical and commercial issues.]]>
This is a copy of my “SMSF and other Trusts” seminar that I presented to the Australian Institute of Conveyancers’ members 3 times this year; being at Perth, Bunbury and mostly recently in Geraldton. Appreciably these slides only cover some of the trusts and compliance issues that we discussed in detail during these seminars and that pertain to Conveyancers/ affect settlement transactions. The key are covered are: Self-Managed Superannuation Funds, Limited Recourse Borrowing, Bare and Custodian trusts, Family Trusts’ real property transfers into SMSFs and vestings, Special Disability Trusts plus a myriad of other practical and commercial issues.]]> Mon, 21 Oct 2013 22:25:23 GMT /slideshow/smsf-and-trusts-seminar-geraldton-august-2013/27435424 TomMeagher@slideshare.net(TomMeagher) "SMSF and Trusts' Transactions for Real Property Matters" seminar TomMeagher This is a copy of my “SMSF and other Trusts” seminar that I presented to the Australian Institute of Conveyancers’ members 3 times this year; being at Perth, Bunbury and mostly recently in Geraldton. Appreciably these slides only cover some of the trusts and compliance issues that we discussed in detail during these seminars and that pertain to Conveyancers/ affect settlement transactions. The key are covered are: Self-Managed Superannuation Funds, Limited Recourse Borrowing, Bare and Custodian trusts, Family Trusts’ real property transfers into SMSFs and vestings, Special Disability Trusts plus a myriad of other practical and commercial issues. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/aicwasmsfandothertrustsseminargeraldtonaugust2013-131021222523-phpapp02-thumbnail.jpg?width=120&height=120&fit=bounds" /> This is a copy of my “SMSF and other Trusts” seminar that I presented to the Australian Institute of Conveyancers’ members 3 times this year; being at Perth, Bunbury and mostly recently in Geraldton. Appreciably these slides only cover some of the trusts and compliance issues that we discussed in detail during these seminars and that pertain to Conveyancers/ affect settlement transactions. The key are covered are: Self-Managed Superannuation Funds, Limited Recourse Borrowing, Bare and Custodian trusts, Family Trusts’ real property transfers into SMSFs and vestings, Special Disability Trusts plus a myriad of other practical and commercial issues.

"SMSF and Trusts' Transactions for Real Property Matters" seminar from Tom Meagher

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1 Sale of a Business - Legal Risk Factors and Due diligence /slideshow/sale-of-a-business-risk-factors-and-due-diligence/22890453 saleofabusinessriskfactorsandduediligence-130612222231-phpapp01
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]]> Wed, 12 Jun 2013 22:22:31 GMT /slideshow/sale-of-a-business-risk-factors-and-due-diligence/22890453 TomMeagher@slideshare.net(TomMeagher) Sale of a Business - Legal Risk Factors and Due diligence TomMeagher <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/saleofabusinessriskfactorsandduediligence-130612222231-phpapp01-thumbnail.jpg?width=120&height=120&fit=bounds" />

Sale of a Business - Legal Risk Factors and Due diligence from Tom Meagher

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1 Contract Reviews and Negotiations - /slideshow/contract-reviews-and-negotiations/17451682 contractnegotiationsandreviewsfornecamarch2013-130321045544-phpapp01
A Buiness Lawyer's Practical Guide to Contract Reviews and Negotiations for Non-Lawyerss]]>
A Buiness Lawyer's Practical Guide to Contract Reviews and Negotiations for Non-Lawyerss]]> Thu, 21 Mar 2013 04:55:43 GMT /slideshow/contract-reviews-and-negotiations/17451682 TomMeagher@slideshare.net(TomMeagher) Contract Reviews and Negotiations - TomMeagher A Buiness Lawyer's Practical Guide to Contract Reviews and Negotiations for Non-Lawyerss <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/contractnegotiationsandreviewsfornecamarch2013-130321045544-phpapp01-thumbnail.jpg?width=120&height=120&fit=bounds" /> A Buiness Lawyer's Practical Guide to Contract Reviews and Negotiations for Non-Lawyerss

Contract Reviews and Negotiations - from Tom Meagher

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1 Debt Management And Recovery Guide Murfett Legal /TomMeagher/debt-management-and-recovery-guide-murfett-legal debtmanagementandrecoveryguidemurfettlegal-13530532302966-phpapp01-121116021019-phpapp01
debt recovery legal demands cashflow improvement]]>
debt recovery legal demands cashflow improvement]]> Fri, 16 Nov 2012 02:08:52 GMT /TomMeagher/debt-management-and-recovery-guide-murfett-legal TomMeagher@slideshare.net(TomMeagher) Debt Management And Recovery Guide Murfett Legal TomMeagher debt recovery legal demands cashflow improvement <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/debtmanagementandrecoveryguidemurfettlegal-13530532302966-phpapp01-121116021019-phpapp01-thumbnail.jpg?width=120&height=120&fit=bounds" /> debt recovery legal demands cashflow improvement

Debt Management And Recovery Guide Murfett Legal from Tom Meagher

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1 https://cdn.slidesharecdn.com/profile-photo-TomMeagher-48x48.jpg?cb=1568789315 Tom has over 25 years’ legal and business experience including: • Previously working for local law and major national firms; • Being the national operations manager for a financial advisory IT platform provider; • Previously being the WA Legal Technology Group Manager for a National Law Firm • Owning and managing an IT consultancy business; and • Being a director and in-house counsel for a public company. Tom’s expertise areas include: • Commercial Law • Estate & Business Succession Planning • Franchising • Technology & Internet Law • IP Commercialisation & Brand Protection • Medical, Pharmacy & Allied Health www.bmlegaladvisors.com.au https://cdn.slidesharecdn.com/ss_thumbnails/useofdepositsinsalecontracts-190918064851-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/use-of-deposits-in-sale-contracts/173301022 Use of Deposits in Sal... https://cdn.slidesharecdn.com/ss_thumbnails/commercialpropertyduediligence-alawyerspracticalguide-151120000058-lva1-app6891-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/commercial-property-due-diligence-a-lawyers-practical-guide/55317203 Commercial Property Du... https://cdn.slidesharecdn.com/ss_thumbnails/franchisesystems-141124021519-conversion-gate01-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/franchise-systems/41938703 Franchising systems - ...