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Kott Gunning’s Finance team deals with all aspects of finance related matters. We provide advice on compliance, capital raisings, structurings and restructurings, and can assist with all matters from document preparation and negotiation to enforcement. The majority of our team are longstanding employees of Kott Gunning, offering consistency and reliability. This has seen us develop an exceptional level of trust and understanding with clients. By building close working relationships, we better understand our clients’ business needs, and as a result can deliver cost-effective, relevant advice.

Expertise

Partners Emma Leys and Greg Mohen along with consultant David Miller and their team of highly experienced consultants, lawyers and conveyancing clerks, have the knowledge and capability to act on the full scope of finance related matters. The team are experienced in providing advice on the Personal Property Securities Act 2009 (PPSA).

We work closely with Kott Gunning’s Commercial Dispute Resolution team, including Mark Fatharly, Tom Darbyshire and Katrina Welch. All are experienced in relation to debt recoveries in different courts.

Experience

Kott Gunning’s significant experience spans many years. We provide advice on and documentation in relation to securities, the structuring of transactions involving securities, and financial matters generally. We act for a range of banks, credit unions and other financial institutions, as well as private lenders and investors. In particular we act for a number of lenders – preparing security documents, providing advice and acting at settlement and where necessary assisting with recoveries.

Our experience includes:

  • Setting up and advising a significant Western Australian property investment managed investment scheme using a stapled securities structure.
  • Advising numerous clients on the PPSA, and providing a number of seminars to legal, real estate and accounting professionals as well as clients on the PPSA.
  • Advising on and preparing the loan agreements and all associated security documents for a private lender in relation to a mixed use property development in Burswood.
  • Acting for a large supermarket franchisor on security arrangements for lending to their franchisees, including preparation and registration of necessary security documents, including registration on the PPS Registry.
  • Providing an extensive range of compliance advice to credit unions, including vetting their advertising for compliance.
  • Assisting with developing and administering bulk debt recovery systems for clients, from issuing letters of demand to enforcement proceedings under the Civil Judgments Enforcement Act.
  • Advising on the bankruptcy and corporate insolvency processes which can be necessary as part of a recovery process. Kott Gunning’s Commercial Dispute Resolution team has also had extensive experience in contested recovery actions.
  • Advising on various transactional tax issues relating to the Duties Act and GST.
  • Advising on tax issues, capital gains tax and duty issues, including landholders’ duties. We work closely with accountants to advise clients on tax and duty implications on various transactions.
  • Advising numerous clients on the PPSA.

What we do:

  • Facility/loan agreements
  • Mortgages, guarantees and other security documents/arrangements
  • Managed investment schemes (MIS)
  • PPSA advice and documentation
  • Corporations Act advice in relation to capital raisings, wholesale and retail investors
  • Sale of secured assets
  • Rural and agribusiness facilities
  • Self-managed superannuation funds
  • Private lending
  • Inter creditor arrangements
  • Debt structuring and restructuring
  • Recoveries and enforcement
  • Taxation advice including capital gains tax, duties and GST

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