Corporate and Commercial Law
Our Corporate and Commercial lawyers provide advice and assistance in the formation and organization of businesses of all types, including closely held corporations, partnerships and limited partnerships, sole proprietorships and non-profit corporations. Our services for start up businesses include:
- Advice on the type of business entity most appropriate to the client's needs;
- Advice on the benefits and disadvantages of using specific business entities;
- Incorporation and organization of new corporations;
- Drafting shareholders' agreements;
- Drafting partnership and limited partnership agreements;
- Registration of business names.
Our services for established businesses include:
- Reorganization and restructuring;
- Succession planning;
- Drafting employment and management contracts;
- Protection of trade secrets and confidential information;
- Drafting marketing programs, product and service distribution agreements;
- Advice on know-how and technology licencing;
- Trade-mark registration, licencing, and defence and prosecution of trade mark infringements.
Franchising Franchising is a popular and expanding method of business expansion. Our lawyers have extensive experience in acting for both the franchisors and the franchisees. Our services for franchisors include:
- Selection of names and protection of names by trade-mark registrations, both in Canada and in foreign countries;
- Developing a suite of documents required for a franchise program, including a franchise application, the franchise agreement, and schedules such as personal covenants and indemnities, sub-leases and security agreements;
- For new franchisors, developing a critical path which sets out all of the steps and time frames from the initial concept to the opening of the first franchise;
- Advice on compliance with the laws of those provinces which have specific franchise legislation, such as Alberta and Ontario.
Our services for franchisees include:
- Advice with respect to the advantages and disadvantages of going into business by buying a franchise;
- Investigating the franchisor and the franchised business;
- Analysis of the franchisee's obligations under the terms of the franchise agreement and related agreements.
Product Distribution Manufacturers and/or importers of various products need to either set up their own sales network of sales agents or sales representatives or a network of independent distributors who purchase product for resale to dealers or distributors and/or retailers. The advantages and disadvantages of using various marketing methods are discussed with the client. The specific requirements of the particular client and product are dealt with and included in the final agreements customized for the needs and requirements of each client.