Services

Business Structuring, Sales & Advice

MatthewsFolbigg provides a breath of skills and experience on business structuring, sales and purchases unmatched in Western Sydney.

Our team of Accredited Business Law specialists has a vast knowledge of commercial law and corporate law, business and industry issues, advising small, medium and large privately owned and listed companies for over 40 years.

Asset acquisition and structuring requires expert legal advice.  No asset should be acquired or disposed of without it.  There is a maze of commercial law and corporate law issues, pitfalls and protections which need to be considered.

Are you aware of all the issues, pitfalls and protections of asset structuring?

Did you know…

  • If an asset is not acquired with the most appropriate structure, any attempts to change the ownership structure may result in significant capital gains tax and stamp duty cost implications and/or may not be successful at all in certain circumstances?
  • A person can be deemed to be a director of a company even if he/she has not been formally appointed?
  • There are risks associated with transferring assets for less than market value?
  • Problems may arise if assets are transferred where the buyer does not actually pay the full market value of the asset to the seller (regardless of whether the documents say that it has been paid)?
  • Assets held by a discretionary trust may be deemed to belong to a particular beneficiary in certain circumstances?
  • Assets held by a discretionary trust may go to the State Government in certain circumstances?
  • There are many potential pitfalls associated with "off the shelf" trust deeds?
  • An asset held by one person may be deemed to belong to another person in certain circumstances (even if there is no express agreement between the two people)
  • The courts can make orders against the assets held by another person in certain circumstances, regardless of whether that person is involved in a particular litigation case?
  • It may be inferred in certain circumstances that the matrimonial home is owned by the husband the wife equally - even if the title to the home is only in the name of one spouse?
  • Contributions to superannuation can be "clawed back" under the Bankruptcy Act in certain circumstances?

What our clients say

"MatthewsFolbigg have acted for us in various transactions.  Their advice and approach is always clear and pragmatic with a clear focus on smooth implementation of the deal."

Peter Ferris, Chief Executive Officer
Buslines Group

"I was referred to MatthewsFolbigg by a broker in my industry.  They advised me as to the correct way to structure the transaction to protect my interests.  It had to be completed in a very short time frame and they achieved this in a professional yet friendly manner."

Harry Gogebakan, Director
Harry's Liquor

Our services

  • Purchase and sale of businesses, assets and shares
  • Succession planning issues
  • Taxation issues with different business structures
  • Corporations Act and compliance
  • Trade Practices and Trade Marks
  • Litigation & dispute resolution
Our Team
Paul Matthews
Chairman of Directors, Director - Corporate, Commercial & Business Group
Phone: 9806 7490
Phillip Brophy
Director - Corporate, Commercial & Business Group
Phone: 9806 7490
Anna Zdrilic
Director - Property Group
Phone: 9806 7421
Stephen D'Emilio
Director - Litigation & Dispute Resolution Group
Phone: 9806 7404
Stewart Gough
Director - Workplace Relations Group
Phone: 9806 7483
David Fullerton
Senior Associate - Trusts, Superannuation & Estate Management Group
Phone: 9806 7429
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