Corporate Law

With limited statutory protections and increased liability and regulatory frameworks, corporations have nuanced and complex obligations to varying parties including, members, directors, investors and regulatory bodies.

Insolvency & External Administration

When facing financial unrest corporations require guidance in how to maneuver through complex and lengthy administration processes. We assist many corporations in relation to insolvency and external administration including voluntary administration, receivership, liquidation and restructuring and turnaround. Having advised both sophisticated and emerging corporations H&O Lawyers have assisted boards of directors through administration, successfully setting aside winding up orders and negated with creditors. Our advisory, dispute resolution and corporate litigation teams can assist with a wide range of matters in this area predominantly regulated.

Capital Raising & Initial Public Offerings (IPO)

Offering shares of a company to the public for the first time is complex but often necessary step for a company to realise its full potential. At H&O, our team has experience in assisting established and boutique companies raise capital and complete the transition from private to public ownership. We can undertake and advise on due diligence, pre-IPO Planning, regulatory compliance (securities laws, listing rules and continuous disclosure obligations), Underwriting and Offering, and post-IPO compliance. Additionally, our Strategic Business Advisory Services (SBAS) team can assist with the growth plans and goals of companies as they ready themselves for an IPO.

Mergers and Acquisitions (M&A)

Complex regulatory environments, business considerations and financial impact are key considerations in any merger or acquisition. Our M&A team can assist from pre-assessment, to ensure suitability, all the way through to post-merger integration. At H&O Lawyers we offer due diligence and risk mitigation services, negotiation, and preparation of transaction documents (including sale and purchase agreements), resource and management integration, and regulatory compliance (competition and foreign investment considerations).

Shareholder Disputes

Shareholder disputes are a costly and difficult side of corporate that we, at H&O Lawyers, pride ourselves on taking the time to fully comprehend. Whether we are assisting majority or minority parties throughout a dispute an understanding of the crux of the dispute is vital to its resolution. H&O can assist with negotiation and mediation of disputes and representation for litigation matters across a range of areas including oppressive conduct, regulatory breaches, and governance claims. Many shareholder disputes can often be as a result of a poorly drafted shareholder agreement or initial understanding between the members of the company. At H&O we can also assist with shareholder agreements and advise to company members to ensure regulatory compliance and successful corporate management.

Incorporation, Structuring & Governance

Incorporating and maintaining the most suitable and efficient corporate structure and governance requires the balancing of size, policies, capital, regulations and corporate motivations. At H&O Lawyers we have assisted with the implementation of various board structures and policy arrangements to suit a range of clients. We can assist clients from the incorporation and member choice of the company, company constitutions and shareholder agreements through to ongoing policy and governance frameworks, continuing director and shareholder advice as well as compliance.

Director’s Duties, Liability & Indemnity

Directors owe the Companies they govern duties outlined in both common law and the Corporations Act 2001 (Cth). Similarly, if Directors breach their duties or direct a company to act in an irresponsible and illegal way, they can face financial penalties, sentencing and liability to pay company debts. At H&O, we can assist directors and their companies with advice on director’s duties, liabilities, indemnities, boardroom disputes, preventative measures and risk assessment. We also provide representative and litigation services across these areas including for private or public interveners and directors involved in such proceedings.