Nicola and May are partners in a business which operates a second-hand book shop. They have two employees working for the business. The shop is located in leased premises. The business is doing well and has been profitable for them. An opportunity has arisen to purchase two second-hand book shops in nearby suburbs. Nicola and May are keen to expand their business. They will need a large injection of funds to purchase the additional businesses. They will need to appoint a manager to at least one of the shops, as they will be fully occupied by the other two. Nicola is concerned about her potential liability for the debts and liabilities of the partnership. Also, she is concerned about the future of the business if one of them should decide to leave, as the lease is in both of their names.
Advise Nicola on the advantages and disadvantages of incorporating. If you recommend incorporation, what type of company would be the most appropriate and explain why?
Zio Pty Ltd (Zio) was registered in 2015. Angus and Max are its only shareholders and directors. Zio’s constitution provides that Clare is to be Zio’s solicitor. Clare is Max’s wife, but after marriage difficulties they have recently separated. Clare has just received a letter from Zio Pty Ltd stating that her services are no longer required. Advise Clare of her legal rights and remedies that she may be entitled to against Zio.
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