Binding Financial Agreement

Binding Financial Agreement.
Binding Financial Agreement including divorce agreements, property settlement, prenup and post nuptials, cohabitation agreement and many other binding financial agreements.

Child Support Parenting Plan Agreement

Parenting Plan Template and Child Support Agreement

A child support agreement offers parents a flexible way to work out their own child support arrangements.

• you get to make your own choice
• you can considerably reduce the financial and emotional costs of taking these matters to a court
• you can ensure more open communication with your former spouse/partner, increasing the chances of improved conflict resolution in the future
• your ongoing relationship as parents, is likely be much easier and
• you are able to move forward with your life without the strain of ongoing court proceedings.

The best arrangements are those that the parents have discussed and agreed between themselves. The Child Support Agreement covers the financial aspects of caring for your children whilst the Parenting Plan covers other day to day aspects.

A Parenting Plan spells out the day to day arrangements of the sharing of childcare including:

• where a child will live,
• how often they spend time with each of their parents
• the sharing of special event days such as birthdays, Christmas, and school holidays,
• how parents make decisions about the care of their children
• and most other aspects separate to the financial considerations covered in the Child Support Agreement.

This professionally drafted, easy to use Child Support Agreement Pack includes

• Limited Child Support Agreement
• Binding Child Support Agreement
• Shared Parenting Plan

It is available for immediate download. The document comes to you as a Microsoft Word and PDF template that can be used as often as you like. Simply insert the correct information in the appropriate field and tab to the next. Now print your professional agreement!

Get Your Parenting Plan and Child Support Agreement Here.

Confidentiality Agreement – How To Keep Your Secrets Safe

Confidentiality agreements are also known as Non Disclosure or Trade Secret Agreements a few examples available from a great site are

Confidentiality Agreement (one way)

Use this Confidentiality Agreement whenever you want to protect important business information, techniques, ideas and secrets etc where one party is the discloser and the other the recipient.

Mutual Confidentiality Agreement

Use this agreement when two parties wish to explore business opportunities and it would be mutually beneficial to exchange certain confidential information.

Confidentiality Agreement for Sale of Business

Use this agreement when the Owner of a business for Sale wishes to disclose to an Intending Purchaser sensitive, and Confidential Information in order to evaluate the business.

Employees Confidentiality agreement

This agreement prohibits an employee from competing with the employer once s/he has left the employer’s service, whether by working for a competitor, or by setting up a competing business. Furthermore the agreement binds an employee to non-disclosure of confidential information acquired in the course of his or her employment.

What is a consultant

USING CONSULTING SERVICES AGREEMENTS

Hiring a business consultant has many benefits.  One of these is the explicit non-permanence of the association between the parties.   Hiring a consultant allows a business to avoid the considerable tax and administrative costs that are part and parcel of hiring and maintaining permanent Staff, while providing access to specialised skills and expertise.

Contracts of services (also referred to as consulting service agreements) are essential business tools. In the absence of clearly defined terms of services, misunderstandings may develop. Unfortunately when the expectations of the client or the service provider are mismatched, problems can and do arise. Its time like this both parties will wish they had a service agreement in place.

A consultancy agreement formally establishes the relationship between the Client and the Consultant. Thus, there is no room for ambiguity regarding the scope of the work and the nature of the consultancy relationship; both parties know that the relationship exists and the consultancy agreement formalises the arrangement.

A well-crafted consultancy agreement spells out what is expected from the consultant and defines that this is not an employer / employee relationship.

It’s worth noting the ATO and Fairwork Australia are actively scrutinising Sham contractor arrangements and employer should be wary that they are not putting their business at risk by engaging in such contracts. Although there are many circumstances where it is lawful for a business to engage an independent contractor, the law is there to protect employees from being treated as independent contractors when they should in fact be regarded as an employee.
Having your documentation in relation to the contractors or consultants is vital if you want to stay out of the sham contracting minefield. Furthermore A consultancy agreement gives you strong legal recourse if either party fails to honour  their obligations under the  agreement.

What to include in your agreement?

1. The Parties  – including individual or company names,  addresses and the entities ABN.
2. The term of the agreement – will the arrangement be until certain milestone are reached? ie the project is finalised or will the project have a specific term, say 6 months?
3. Of course you will need to define the nature of the services and/ or specific detailed deliverables that the consultant is required to provide. This might include where the services are to be performed, reporting procedures and milestones for completion of particular projects.
4. Will the consultant be required to provide specified personnel? Does the company want the right to veto any substitute when specified personnel aren’t available?
5. Is the consultant/consultant company (as applicable) registered for GST?
6. Will the consultant receive a set fee?  If so, is the fee to be paid at fixed intervals (for example, weekly, monthly or quarterly) or only on completion of a particular project?
7. How will expenses be approved?  Will they be agreed in advance, subject to an upper limit or just submitted on a “reasonably incurred” basis?
8. Whether you are developing a new product, working with an established customer base or interacting with employees of the client, confidentiality provisions are an essential component of a quality document.
9. Who has ownership rights to any intellectual property developed during the term of the relationship?
10. Conflicts of Interest. The client may want to negotiate some protection against the consultant doing similar work for competing companies during the engagement.
11. Dispute resolution – you would hope you never need to act upon these provisions however having a clearly defined procedure for resolution of disputes can potentially save you thousands in legal fees and years of heart ache.  This provision is designed to keep you out of court.
12. It should be made clear that in providing the Services, the Consultant acts as an Independent Contractor and not as an employee, partner or agent of the Client.
13. Insurance risks and other liabilities should be considered.

Although it may seem daunting at first, drafting you own consultancy agreement may be easier than you think. RP Emery and Associates have several consultancy agreement templates crafted by legal professionals, specialising in contractor and employee relationships. Visit www.rpmery.com.au for more details.

Also see Company Consultants Agreement

Sale of Business Contract

This complete sale of business contract is professionally prepared and contains all the documents needed for a
successful business sale. Download immediately, so easy to use, simply edit and print.

Selling Your Business? Get Protected

Are You Selling Your Business?

Don’t Gamble with Your Future – Protect Yourself Every Step of the Way, and Save on Your Legal Fees too!

Selling your business can be a time consuming, expensive and a stressful task.

When your financial future hinges on the successful outcome of your negotiations you want to make sure that you have every angle covered.

Common pitfalls of selling your business include:

• Not protecting your vital business records, information and trade secrets.
• Deals falling through due to property transfer obstacles.
• Not having a structured hand over plan.
• Confusion over assets whether real or intellectual.
• Confusion or disagreements between existing partners, to name just a few.

RP Emery & Associates have recently released an up-to-date set of “Business Contracts” specific to the needs of the business owner on the move.

By having this comprehensive legal package on hand, you have a cost effective alternative to costly closed door solicitor consultations.

It is a tool that can literally save you thousand of dollars in legals fees not to mention hours preparing for and meeting with your legal consultant.

Using the Contracts is Simple: 

After opening the Contract in your favourite word processor, simply insert all the relevant details in the appropriate spaces, and go to print.

You now have a legally binding document that will protect you and your livelihood. It’s that simple!

And should you need a contract more than once – simply re-open your original contract template and insert your information again.

All the following Documents are included in the ‘Sale of Business Kit’

Sale of Business Agreement

Loan Agreement

Confidentiality non-disclosure Agreement

Assignment of Lease Agreement

Sublease Agreement

Business Lease Agreement

Commercial Property Lease

Option to Purchase Real Estate

Partnership Dissolution Agreement

Sale of Partnership Interest

Consultancy Agreement

General Partnership Agreement

Click Here to order Sale of Business Package Now

Read more at www.rpemery.com

Will You Have To Pay Employees Backpay?

There has been startling media coverage of the $998,000 in backpay that Toys ‘R’ Us has had to pay to its employees.

Getting Employment Agreements Wrong can Devastate your Business -

Protect your Hard Earned Profits by using Compliant Employment Contracts

There has been startling media coverage of the $998,000 in backpay that Toys ‘R’ Us has had to pay to its employees.

The worrying aspect for ANY employer in Australia today is that one of the largest companies in Australia accumulated a debt of nearly $1 million through what was reported as “discrepancies and administrative errors”.

This is on top of the case of a small Tweed Heads hair dressing salon last year, which was fined $27,000 for inadvertent breaches of the Fair Work Act.
In the Toys ‘R’ Us matter, the Fair Work Ombudsman said that the debt accumulated due to “…underpaid entitlements including the minimum hourly rate and penalty rates for weekend, public holiday and night shifts between 2007 and 2009 because of invalid workplace agreements that failed to meet approval and lodgement requirements.”
What these cases illustrate is that the financial impact of non-compliance with Modern Awards can be devastating for ALL employers – small business as well as the top end of town.

If you are an employer – or you are a manager for your employer – there are three things your business needs to do right now to make sure you comply:

1. Ensure you understand which modern award applies to your business.

2. Apply the correct classification to your employees.

3. Determine which pay rate applies to your employees
All of this information can be found in the RP Emery Employment Contract Pack. It contains up to date compliant Employment Agreements to suit most employment situations and comes complete with comprehensive User Guides to walk you through the process.
You can save your company from the massive pitfalls of non compliance and protect your hard earned profit by using the simple and easy to understand RP Emery Employment Contract Pack.

It contains the following essential and compliant Emplyment Agreements

Full time Employment Agreement

• suitable for all employees employed under a modern award where the standard award entitlements apply.

Casual Employment Agreement

• suitable for casual employees employed under a modern award where the standard award entitlements apply.

Permanent Part-time employment Agreement

• suitable for part time employees employed under a modern award where the standard award entitlements apply. Part-time employees work less hours than full-time employees and receive all the entitlements of full-time employees but on a proportional basis

Fixed Term Employment Agreement

• suitable for Fixed Term employees employed under a modern award where the standard award entitlements apply.

Individual Flexibility Agreement

• an employment contract between a single employer and employee that modifies the application of a Modern Award or enterprise agreement.

Sole Trader Contractor Agreement  and Incorporated Contractor Agreement

•   these Two Contractor Agreements define the terms and conditions under which a company engages the services of a the contractor. The documents protects the company or payer and binds the contractor through the inclusion of restraint, confidentiality and intellectual property provisions.

Employee non-compete agreement

• prohibits an employee from competing with the employer once s/he has left the employer’s service.

Each of these agreements are available separately , but by grabbing them in this Value Saving Pack , you save a HUGE amount of money!

The documents are avaliable instantly in your Members Area after successful payment and your purchase is 100 % Tax deductable

Employment Contract Pack Immediate Download

How to sublet industrial or commercial property

COMMERCIAL SUBLEASE AGREEMENT

What a commercial leaseholder needs to do to sub-lease a commercial property.

COMMERCIAL SUBLEASE AGREEMENT What a commercial leaseholder needs to do to sub-lease a commercial property.   There comes a time in the life of every business when change is necessary. Whether your business outgrows it’s current space, or you just want to relocate, your need for change may run into problems if you can’t get out of your Commercial Lease Agreement. If you need to move your business to a new location, or if you just want to close up shop, you may first need to find a new tenant that will take your place. To do this, you will need to enter into a Commercial Sublease Agreement. Here is what you need to know before you take this step: WHAT IS A COMMERCIAL SUBLEASE? Whenever you enter into a Commercial Property Lease, you sign a binding contract with the property owner and agree to all it’s terms and conditions. Commercial property leases usually have a term of several years with options to extend the term. If you want to change premises or close the business, you may have to find someone who is willing to take your place. When you find that person, you can grant them the right to occupy the premises on your behalf if you enter into a Commercial Sublease Agreement. WHEN CAN I USE A COMMERCIAL SUBLEASE? If you are a tenant in a commercial property, you may be able to assign your lease rights and duties to a third party. To do this, you will first have to ensure the terms of the commercial lease allow for such a transfer. You may have to ask permission of your landlord first, or you may be able to do so without their express consent. In other words, make sure you check your lease. WHAT’S THE DIFFERENCE BETWEEN SUBLETTING AND ASSIGNING A LEASE? When you sublet all or part of the premises to another tenant you are still obliged to honour your obligations under the commercial lease contract with the landlord. If you choose to Assign all your rights and obligations under the lease to another party, you would use an Assignment of Lease agreement. Under an Assignment of lease agreement, the new tenant agrees to assume all those rights and obligations on your behalf and indemnifies you against any further obligation to the landlord. HOW DO I ENTER INTO A COMMERCIAL SUBLEASE? You will need to make sure a subletting the premises is permitted under the terms of the lease. Once you know you can sublet, you’ll need to find a potential tenant. After you find a suitable party, you’ll need draft and enter into a Sublease Agreement for Commercial Property that states the rights and duties of each party. WHAT NEEDS TO BE STATED IN THE SUBLEASE AGREEMENT? Because the person you enter into the sublease with essentially becomes the new tenant, you will have to make sure the terms of the sublease agreement makes it clear who is responsible for what. Rent, duration, landlord’s duties, tenant’s duties, all of these issues must be made clear so no one is confused as to what their responsibilities are. CAN I SUBLET PARTS OF THE PREMISES? It may be possible to enter into a sublease agreement where you only grant the right to occupy part of the premises to the new party. Again, you’ll have to make sure it is ok with your landlord, but partial assignments are common. Like any other legal contract, your Commercial Sublease Agreement needs to be clear, concise, and easy to understand. It doesn’t help anyone if your agreement is incomplete or weighed down with draconian terms and conditions. Not only that, but you want to make sure all parties involved can understand what their rights and obligations are. Ensuring your Commercial Sublease Agreement clearly states the intentions of both parties will protect those involved and avoid misunderstandings. Read more at www.rpemery.com

Partnership Agreement

URL:  http://www.partnershipagreementdiy.com.au/partnership-a…

How to form a business partnership.

Whenever two or more people want to go into business, they more often than not agree to form a business partnership. If you want to start a business with friends, family, or are looking for partners to help run the business, forming a partnership is not to be taken lightly

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NSW Landlord Tenancy Documents Pack manage rental property

URL:  http://www.rpemery.com.au/nsw-tenancy-document-pack.html

MUST HAVE FOR PROPERTY INVESTMENT MANAGEMENT

NSW Landlord’s Documents pack

Essential set of agreements and documents to help make life easier for NSW Landlords.

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