Category: Commercial Law

Telemon Lawyers > FAQs > Commercial Law

I am a minority shareholder and I believe the majority are acting badly, what are my options?

Given the scope of company law and breadth of varying divergence between majority and minority shareholders, let us consider the most common disputes whereby the company’s affairs are contrary to the interests of its members or are oppressive, unfairly prejudicial or unfairly discriminatory against a member(s). Examples include: Improper diversion of a business to another […]

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Should I use a Deed or a Contract?

Nicholas Seddon observes in Seddon on Deeds (The Federation Press, 2015), 19: “As a general principal, a contract should be preferred over a deed if there is a choice.”

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What is the difference between a guarantee and an indemnity?

Lord Justice Pearce in Yeoman Credit Ltd v Latter (1961) WLR 828, at p.830. said: “In its widest sense a contract of indemnity includes a contract of guarantee. But in the more precise sense … a contract of indemnity differs from a guarantee. An indemnity is a contract by one party to keep the other […]

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What is the maximum number of partners a Partnership can have?

The Corporations Act 2001, Section 115 provides: A person must not participate in the formation of a partnership or association that:                      (a)  has as an object gain for itself or for any of its members; and                      (b)  has more than 20 members; unless the partnership or association is incorporated or formed under an […]

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