New National Business Names Register

We have written about the difference between business names and trade marks on our associated blog. Business names are separate from trade marks and you must register a business name if you are trading under a different name from you or your company’s name.

The Australian Federal Government has taken concrete steps towards reforming the way that business names are managed in Australia and has passed the Business Names Registration Act 2011 in November 2011. The Act establishes a National Business Names Register which will be administered by the Australian Securities and Investment Commission, and will streamline and consolidate the various business name registration schemes in each state and territory.

The objectives of the reforms are to:

  • Allow for online applications and registrations for business names and ABNs
  • Provide an online database to allow ease of access and searching
  • Streamline and consolidate the various schemes into one scheme
  • Reduce costs
  • Avoid confusion over similar names
  • Determine if names are unsuitable or undesirable

The National Business Names Register is now live and can be found at ASIC’s website.

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

Exit, Stage Right – Do you need to sell your Business to Retire?

Many business owners who had been looking towards retirement placed these plans on hold as they focused on surviving the GFC. As business and the economy recovers, we spoke to Noel Johnson of Johnsons Corporate about how they are finding the market for the business sales.

The market for the sale of businesses stopped practically dead with the GFC according to Noel, essentially as though someone had turned off a light switch. Most buyers retreated to protect their existing assets, while those who remained in the market were looking to take advantage of distressed vendors and obtain a bargain. Most vendors throughout this period saw the GFC as being merely a blip, and so still placed a pre-crisis value on their business. The end result was that the gulf between buyers and sellers expectations was too large to bridge and no transactions occurred.

Both sides have now become more realistic. Vendors have realized that the GFC is not just a hiccough but a longer term issue, and that valuations have been and will continue to be impacted. Potential purchasers in most cases haven’t been able to get the bargains they thought they could, and so have realized they will need to pay up. As a result, more transactions are occurring.

The process is still a long one though. Noel’s firm deals with businesses valued at between $1 Million and $20 Million, and these are taking 4 to 12 months with an average time of 8 months from first discussion to settlement.

The profile of buyers has changed over the past 5 years. Prior to the GFC, 20% to 25% of businesses would sell to first time buyers including new entrants, private equity firms and businessmen looking at moving in a new direction. These buyers are no longer present, and sales are now solely to businesses in similar or associated industries. These buyers are looking for add on and synergistic purchases, where they have an opportunity for growth without excessive levels of risk. These buyers are able to obtain funding from their bank, whereas he is not seeing any bank support for new market entrants. Banks appear to be trying to look after their own clients, but they are being selective. Noel’s information is that it is difficult to obtain funding without a good relationship with your bank.

Most good businesses are much stronger financially than before the GFC. In a pattern we have seen replicated across the big end of town, businesses have paid down their debt and have adjusted their capital position. For those looking to grow by acquisition, this places them in an ideal position.

For businesses looking to grow, now might be an ideal time to expand. While the economy is improving, it is more likely that we will see gradual growth rather than a sudden acceleration over the next few years. In this in case, acquisitions might be one of the few ways to achieve significant growth. Worth considering is that it might be easier to put the right team together now as people’s expectations around earnings are much more realistic than a few years ago.

Many businesses have realized this, and as a result we are seeing greater levels of consolidation. One result of this is that the strong are getting stronger while the weak are declining, and competition is reducing as a result.

For business owners looking towards their retirement, Noel’s advice is to consider whether you have the energy and enthusiasm to grow the business over the next few years. The GFC has taken its toll on many people and if you don’t have the energy to grow the business, you may at best be marking time until you sell. In this instance, you might be better advised to sell and retire and move onto the next stage of your life.

Unfortunately most businesses aren’t geared for sale. If you are considering selling your business in the next few years, a valuable investment could be conducting a health check on it. The results should help you pinpoint the areas a potential buyer will view as a risk, and will allow you to take steps to mitigate these risks. This should help improve the saleability of your business, and hopefully also increase the value.

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

Look Before You Leap when dealing with Trade Marks

If you run a small businesses, you should carry out adequate due diligence before starting trade. One of the matters that you should check before starting trade is the name of your business or the name of your brand.

Continue reading

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

Business Succession Planning

One day you will have to leave your business – whether its because you retire, you pass the business on to your family, you sell it to an interested party, or because of health circumstances.

Whatever those circumstances are, you always should have a plan to deal with what happens when that day comes. A failure to do so will likely result in your business suddenly coming to an end if something happens to you.

A succession, or exit, plan outlines who will take over your business when you leave or if something happens to you.

A good succession plan puts into place a process that will enable a smooth transition from you to your successor, that minimises disruptions to your business resulting from that transition. A good succession plan also gives potential purchasers peace of mind that the business will not fail the moment you leave. Putting a succession plan in place can maximise the value of your business and enable it to meet future needs or deal with unexpected issues.

What an appropriate plan is will depend on the nature of your business as well as the structure of your business. Some of the questions that you will have to ask are:

  • How long do I want to be in business?
  • Do I want to sell the business eventually or do I want to hand it down to my children?
  • What business structure does my business operate in?
  • What are the assets and liabilities in my business? Who owns them?
  • What is the goodwill and intellectual property in my business? Who owns them?
  • How big is my business?
  • Who can run my business if I am not around?
  • Do I have any processes or procedures for my employees to follow, so that if something happens they can act “automatically”?
  • If I were to sell my business, do I have a handover strategy?

If anything, see your business coach, accountant, or lawyer – they can certainly help you out in relation to identifying these issues and assisting you with your business succession plan.

A good succession plan enables a smooth transition with less likelihood of disruption to operations. By planning your exit well in advance you can maximise the value of your business and enable it to meet future needs.

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

The New Personal Property Securities Register

The Australian Government has been planning for some time now to commence personal property securities reform and has begun part one of that process by introducing the Personal Property Securities Act 2009 (Cth). Continue reading

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

How can Exporters build strategic advantage from the strong Aussie dollar?

Exporters – Take advantage of the strong Australian dollar today!

Despite the turmoil of the end of the first week in August there are plenty of signs the Aussie will remain ‘high’ for a while to come.

The impact of the strength of the Aussie dollar for importers and exporters is clearly very different –but in both cases the challenge is to remain ‘strategic’ in response to it.

Exchange rates have not been kind to Aussie SME exporters for the last few years. Many exporters have seen reduced sales, much tighter margins, loss of market share and in some instances loss of markets. Regardless of whether you invoice in AUD or local currencies –the effect of the exchange rate movements will either impact your margin –or it will flow into the end-user price of your products and services.

Nevertheless for companies just starting on the export journey –I do believe all strategic market entry options are still open. If you have a well differentiated product or service idea there are definitely market opportunities –particularly if you look at booming economies of India and China and the other BRIC countries.

For those with established markets often the first reaction is denial “we’ll just ride out this period and hope that it gets better.” Eventually you have to deal with reality and the challenge is to remain strategic.

So can you be strategic in the face of shrinking margins and markets? There are a range of options –some are outlined below:

  • Alternate ’entry-strategies.’ Now may also be the time to review your market entry model –is it serving you well, is it the model of the future? Perhaps now is the time to think about manufacturing- assembling or down filling in the local markets to take advantage of reduced freight and perhaps less expensive inputs? Is licensing an opportunity for your business model?
  • Are there too many intermediaries in your supply chain –can you eliminate a level –perhaps by investing in your online resources and outsourcing fulfilment? Time to set-up your own sales/distribution office and control the distribution costs? The same ‘convergence’ issue identified above applies equally in export markets – are your distribution partners in embracing selling online? A key business model that is gathering momentum is where a supplier drives the marketing –motivates there target consumer to buy –but delivery of the product or service is completed –locally –often by traditional channel partners. For a local example of this see www.brasseriebread.com.au
  • Invoicing currency: If you invoice in AUD now’s the time to think about local currency invoicing –yes your margin will be impacted by the moving exchange rate –but your response to that is then under your control. The importers of your product –distributor-agent-end user –they are already building a ‘hedge’ or a margin on top of the current exchange rate to ‘protect’ them from short term exchange movements. Is it better you control that hedge factor and give them certainty in invoicing in their currency – this gives you greater control over the end-user pricing (even if it does come at the expense of your margin..)
  • Strategic relationships: Now’s the time to review your local sales ‘partners’ –distributors-agents–customers. Are you working together to deal with the exchange rate issue –are your local partners the most effective? Now maybe the time to take an objective look at the effectiveness of your in-market support and take a new direction if necessary.

Many exporters unfortunately have already ‘given-up’ taken a short term view and lost their export markets. Of course sustaining export markets in these times maybe challenging –but maybe you just have to think a little differently to hang-on. Fundamentally you have to ask –can I achieve my objectives in a market the size of Australia –and what is the cost to my business ‘holding-on’ versus having to start the export journey again at some future point – how will your customers see your commitment?

Advice for Exporters?

It’s often hard for SME business owners to be objective about their decision making – they don’t typically don’t have the management processes and objective analysis that boards in larger companies can rely-on. So how can you as business owner access advice –easy, the web, Austrade, state based government support, chambers of commerce, industry associations and of course specialist consultants like my organisation are the obvious places to start.

Are you an Importer? Check out last week’s article on how importers can take advantage of the strong Australian dollar.

Anthony Moss
Managing Director
Incite Management Group
www.incitemg.com.au

How can Importers build strategic advantage from the strong Aussie dollar?

Importers – Take advantage of the strong Australian dollar today!

Despite the turmoil of the end of the first week in August there are plenty of signs the Aussie will remain ‘high’ for a while to come.

The impact of the strength of the Aussie dollar for importers and exporters is clearly very different –but in both cases the challenge is to remain ‘strategic’ in response to it.

The relative cost of imported products and services has been falling for some time (there’ll always be some exceptions of course i.e. petrol…..) The question is as a business owner how best to “strategically” use the windfall. The first thing not to do is not to fritter it away.

The volatility in the exchange markets over the last 5 years has been considerable (March 2006 the Aussie $ was buying 0.72 US$). The GFC, Euro zone debt crisis, recent tragedy in Japan, unrest in the Middle East portends a very unpredictable future in terms of exchange rates. I’m not an expert in currency but –volatility seems to be here to stay for a little while longer…

That said if your business model is built on importing this is an ideal time to step back and use the exchange rate ‘windfall’ to start your business with your new idea- build your business, increase market share, invest in new marketing initiatives and if necessary refresh your brand.

Of course your customers will expect ‘competitive’ pricing –and in price sensitive markets you’ll need to adjust your prices. However wherever possible I would challenge you to think of non-price related benefits to add value to your product. For example offering bundles – buy three get one free, bundling complimentary products from your range –or co-branding with other suppliers.

A key strategic option is managing your online channel. What we see now are many companies managing a convergence of ‘channels’ to market which might include the spectrum of bricks and mortar, online sales –picked at bricks and mortar locations, and direct selling on their own or via aggregated mobile commerce sites like eBay, deals direct etc. The reality as a supplier you need to make sure your product is ‘accessible’ by your consumer when and how they wish to access it.

Ebay for example state “In 2010, consumers bought nearly US$2billion worth of goods globally through eBay’s mobile applications. This is expected to double to US$4billion in 2011.”

The key is to think as broadly as possible; perhaps now is the time to run that national promotion you’ve thought about –upgrade the quality of your catalogue or –invest more into your web-site –or take your social media activity to a whole new level –or to think of deepening your product offering.

By investing your exchange ‘gain’ back into the business –you might just be improving your customer loyalty beyond that of your competitors who may not have such a long term view. This could be the significant differentiator when the “inevitable” fall in exchange rate happens.

What’s the right move for your business?

Advice for Importers?

It’s often hard for SME business owners to be objective about their decision making – they don’t typically don’t have the management processes and objective analysis that boards in larger companies can rely-on. So how can you as business owner access advice –easy, the web, Austrade, state based government support, chambers of commerce, industry associations and of course specialist consultants like my organisation are the obvious places to start.

Are you an Exporter? Stay tuned for next week’s article on how exporters can take advantage of the strong Australian dollar.

Anthony Moss
Managing Director
Incite Management Group
www.incitemg.com.au

Legal Advice for Small Businesses

Do you run a business? What sorts of legal issues do you normally encounter when running your business? For that matter, when was the last time you saw a solicitor? Would it be before you started your business – or only after you encountered a problem? Continue reading

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

Managing Risk through Online Terms of Use

The Web 2.0 era is characterised by the fundamental shift in how people interact with information. No longer does information flow in one direction – opportunities now exist for the consumer of information services to contribute, provide feed back, criticise, or determine if the content is newsworthy. This high level of interaction is typically considered to be positive. Continue reading

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.

Director’s Duties

No matter the size of your company, if you are a director of a company, you have a number of duties and responsibilities to both the company and the public. These duties are primarily imposed by the Corporations Act 2001 (Commonwealth). In addition to their duties under the Corporations Act, directors have a number of other duties set out in various other legislation as well as the common law. Continue reading

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced business lawyers will contact you to explore how we can improve your business and help you become successful.

Kenneth Ti
Lawyer
mail[at]phanglegal.com.au

This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services to small and medium sized businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal.