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Governance agreements paper

Published on 13 Nov 13 by QUEENSLAND DIVISION, THE TAX INSTITUTE

Whilst everyone appreciates, broadly, the benefits of pre-nuptial or binding financial agreements, Governance Agreements (e.g. shareholder agreements) in relation to businesses often fall by the wayside. There are some fundamental elements that ought to be incorporated into a Governance Agreement regardless of the entities involved. This paper covers:

  • the essential elements to be incorporated
  • how to deal with the 'uninsurable elements'
  • tax issues relating to these agreements
  • some practical examples of the different examples, you're likely to encounter.

Author profile

Dominic Moon ATI
Dominic is a Principal Lawyer with a particular focus on providing practical solutions to contemporary taxation issues facing small to medium enterprises. His legal expertise traverses goods and services tax, income and capital gains tax, corporate tax including Division 7A, the consolidations regime, taxation of trusts and partnerships and state taxes and duties in all jurisdictions. With over 19 years of experience in legal practice, he also brings to his clients a broad experience in commercial transactions and contracts, estate and succession planning and business structuring and restructuring. - Current at 15 March 2021
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This was presented at Expanding Private Business Series Day 5: Don't let a little issue ruin the expansion .

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