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When you need commercial solutions

We’re your legal partners

Kott Gunning provides legal services on the full range of corporate, commercial and business law matters. Our longstanding team members are able to offer clients a high level of continuity, dependability and consistency. We establish close working relationships with our clients, allowing us to fully understand their business needs, creating time and cost efficiencies. Tight time scales tending to be the rule rather than the exception, we pride ourselves on consistently delivering our services on time and on budget.

Expertise

Kott Gunning’s Corporate and Commercial practice is a core focus of the firm. We have provided advice on and negotiated terms for a range of corporate, commercial and finance transactions and matters over many years.

Our offering expanded in January 2014 with the addition of partner Louis van Aardt, who joined partners Emma Leys, David Miller and Laurie James and their extended team. Louis has significant experience in domestic and cross-border corporate and commercial transactions, including public and private mergers and acquisitions, takeovers, ASX listings, capital raisings, asset structuring, joint ventures, partnership matters, asset leasing, corporate governance and risk.

Together with our Insolvency and Reconstruction team, we provide advice on compliance, enforcement, asset protection and restructuring.

Experience

Kott Gunning provides advice and representation in relation to all aspects of the Corporations Act, ASIC regulations and the ASX Listing Rules as well as other legislation affecting the way Australian organisations of all sizes conduct business. We act for corporate, government, banking institution, individual and private sector clients.

Examples of our experience include:

  • Providing advice and negotiating terms for a broad range of commercial and finance documents over many years, including the sale and purchase of business, property and assets and preparing security documents for a range of banks, credit unions and other financial institutions.
  • Advising companies, administrators and liquidators on a range of company administration, receivership, restructuring and liquidation matters.
  • Advising on joint venture arrangements, mergers, acquisitions, share transactions and business sales.
  • Advising on a wide range of other joint domestic and cross border joint ventures and acquisitions including preparing and negotiating all relevant agreements and coordinating other specialist input where required.
  • Providing advice on constitutional matters, corporate governance issues, meeting procedures, risk identification and mitigation.
  • Advising on directors’ and officers’ duties in both solvent and insolvent companies including due diligence investigating and reporting, as part of a transaction or ongoing corporate compliances (such as ensuring that sufficient Australian resident directors are on the board, compliance with constitutional and legislative requirements and ASIC and ASX rules and regulations).
  • Advising a UK based company on tax issues associated with its significant investments in Western Australian rural land.
  • Providing FIRB advice and capital raisings in line with the requirements of the Corporations Act.
  • Advising numerous clients on the Personal Property Securities Act 2009 and on various securitisations.
  • Advising Trustruct Structural Solutions on its significant licence agreement with CSR Limited as part of CSR’s $40m acquisition of AFS Products.

What we do:

  • Mergers and acquisitions
  • Takeovers
  • Listings
  • Capital raisings (debt and equity)
  • Corporate structuring and restructuring
  • Joint ventures and partnerships
  • Shareholder agreements
  • Corporate governance, directors’ duties and risk
  • Due diligence
  • Private equity
  • Foreign Investment Review Board (FIRB) matters
  • Corporations Act advice
  • Personal Property Securities Act (PPSA) advice
  • ASX listing rules advice
  • Business structures and business succession planning
  • Commercial contracts and advice
  • Franchising, licensing and agency agreements
  • Company and business acquisitions and sales – including due diligence
  • Insolvency, receivership and administration

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