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CORPORATE STRUCTURING / TRANSITION

Successful organisations, large or small, private or public, become established with a sound legal structure and proper governance framework from the outset. They thrive when the contracts that govern their day-to-day operations and business dealings are legally sound and commercially sensible.

The best commercial strategy for your business or project may eventually be an exit, whether through sale, spin-off, restructuring or wind-up and assignment of assets such as IP. We’ve worked with countless organisations with a defined lifespan, such as CRCs, over the last two decades, so we have extensive experience in winding up organisations and achieving the best possible commercial outcomes, whilst ensuring that all legal obligations are met in the process.

We’ve also guided numerous CRCs and research institutes through the process of establishing new organisations with different participants and creating spin-off companies to commercialise research.

Many of the technology innovators we’ve worked with have the end strategy of selling their ideas to larger companies for productisation and exiting their business. We can advise you on the best strategy for an exit and how to maximise the value of your IP, your most important asset, in doing so.

Whatever exit strategy you are pursuing, we will ensure that you are made aware of all options, as well as the legal, personnel and operational issues associated with each.

We can advise you on the following at exit and wind-up stage:

  • Joint venture options
  • Spin-off company establishment
  • Asset allocation
  • Returns to participants and investors
  • Ongoing IP protection and management
  • Taxation issues
  • Corporate Governance requirement
  • Assignment of assets and IP
  • ASIC deregistration requirements
Significant matters

INAP: FAL Lawyers provided strategic advice and drafted collaboration agreements in relation to the establishment of the International Network for Acid Prevention (INAP), an organisation of international mining companies aiming to reduce liabilities associated with sulphide mine materials.

FAL advised an aged care facility on its transition to a new corporate structure, having regard to the Incorporated Associations Reform Act.

FAL advised on the formation of a spin-off company from a research entity in order to commercialise research into advanced technology for treatment of eye conditions.