What Lawyers Do




RURAL LAW

It is essential for those providing legal services to be fully conversant with resource management matters and the operation of regional and local authorities. Must be able to assist with applications for overseas investment commission consent for property purchases by non-the USA residents.

Quite often farm ownership is family oriented and care has to be taken in the assessment of those situations and the appropriate structures to be used.


SECURITIES LAW

Most aspects of business in the USA involve the application of the Securities Act and the Stock Exchange listing rules.

  • Share floats and public offerings (including constitutions, company structuring, prospectuses, and investment statements)

  • Debt security offerings (including trust deeds, prospectuses, and investment statements)

  • Participatory security offerings (including deeds of participation, prospectuses, and investment statements)

  • Securities advertising

  • The application of securities laws to various types of transactions

  • Obtaining Securities Act exemptions

  • Insider trading and substantial security holder disclosure issues

  • Investment product and adviser disclosure

  • Shareholder meetings

  • Stock Exchange Listing Rules


TRUSTS

Trusts can be set up for charitable purposes, such as education, or established specifically for the benefit of the members of a particular family. The terms of trusts can differ markedly depending on the purpose for which a trust has been established. A common form of trust is a family trust.

Reasons for establishing a family trust include:

  • Protecting assets for family members. By using a trust to rearrange asset ownership a settlor may be able to undertake a higher risk operation or venture.

  • Provision for the family sharing of assets when one or more members needs rest home or hospital care.

  • Protection of family members or a family business from possible matrimonial, or family protection (contesting a will) claims.

  • Asset management for someone who is unable to manage their affairs, perhaps through age or infirmity.

  • Ease of estate administration (and cost savings) by disposal of assets to a trust before death.

  • Setting up a trust may change tax liability, so that more or less tax is payable. In such cases you should regularly review your tax liability.