Category Archives: Uncategorized

Is a Digital Signature Useless?

Written on December 5, 2019 at 6:31 am, by

When directors sign deeds, they must do so with a wet signature  – that is sign with a pen – on an actual piece of paper. A digital signature is no good. So, no more electronic documents and no more digital signatures  for deeds. The laws which govern electronic signatures simply do not apply to  Continue Reading »

Sole Director must have a Will

Written on July 31, 2019 at 6:05 am, by

When the sole director of a company dies, then the person nominated in their will to obtain probate (the executor) willstep in or appoint someone else as the director of the company. (Section 701F Corporations Act 2001).  The company can then continue to run.  Documents can be signed. Bank accounts accessed. The beneficiaries cannot take  Continue Reading »

Removing Company Directors

Written on July 4, 2019 at 2:38 am, by

Removing  directors is not a particularly difficult task if all the members of the company want the director to go.  And, if you were to prepare a step by step guide on how to remove a director, it would look something like this:- Get a copy of the current Constitution; Get a copy of the current  Continue Reading »

Trust Deeds & Original Signatures

Written on January 25, 2019 at 6:05 am, by

The value of an original artwork is determined by being able to prove who painted it, it’s condition and being able to establish your ownership. If it is a fake or has been stolen, its value could be lost even if you paid a lot of money for it.  A trust deed has no value  Continue Reading »

Website Terms & Conditions

Written on February 8, 2018 at 12:19 am, by

Would you like to see Jankus Legal’s website terms & conditions? Here they are! Website Terms and Conditions. So why do we have them?  Well, because we:- want to protect our brand put information on our website for you to look at have links to third party websites and collect your personal information when you contact  Continue Reading »

Buy/Sell Agreements and SMSF’s

Written on August 14, 2017 at 3:14 am, by

Where life or TPD insurance is held by a SMSF to pay out under a Buy/Sell Agreement, the SMSF may breach the sole purpose test in the SIS Act.  One significant consequence of this is that the total value of the assets in the SMSF will be taxed at the highest marginal rate of tax.  Continue Reading »

Unfair Consumer Contracts

Written on November 12, 2015 at 6:09 am, by

Most of us don’t think twice about entering contracts. Every morning when you buy that coffee, hop on that bus, or maybe book an Uber driver to pick you up – you’re agreeing to a new contract. Contracts are simply legally enforceable agreements. Many are verbal, but they can be made in writing or even  Continue Reading »

Powers of Attorney

Written on October 26, 2015 at 4:11 am, by

WHAT IS A POWER OF ATTORNEY?A power of attorney is a document that allows a person to enter into transactions and sign documents in your name (as your agent). In other words, they can do anything that you can do, unless the document of appointment (the power of attorney) restricts their powers. They can sign  Continue Reading »

DIY Employee Termination

Written on September 11, 2015 at 3:10 am, by

When terminating an employee, there is a process to be followed. Those employers with less than 15 employees (by head count not FTE) need to follow the Small Business Fair Dismissal Code.  This document will take you through a process to ensure that any dismissal is not “harsh, unjust or unreasonable”.  The guide can be  Continue Reading »

Are you Really Signing for the Company?

Written on February 26, 2015 at 2:19 am, by

If you sign a letter for a company, then make sure that the company letterhead complies with the law (see Library article ) and that your title appears under your signature or you might be personally liable. The decision of Muneer Hamid (T/A Hamid Properties) v Francis Bradshaw Partnership [2013] EWCA Civ 470 is very  Continue Reading »