Asset Protection

Some options for securing your assets

Protection against creditor risk

Whether in business or personal life, quite often people leave their assets exposed to creditors, other companies or individuals who may file suit with you at some stage. Moores Legal provides you with advice on how to best structure your asset ownership to minimise exposure to that risk, as well as options for securing assets. Some examples may be by initiating first or second mortgages or fixed or floating charges.   READ MORE 

Ownership options for investments

Despite Government protestations, different forms of asset ownership don't offer a level playing field in terms of tax or asset protection advantages. Moores Legal's taxation team provides advice on areas such as Income Tax, Capital Gains Tax , land tax and asset protection. We will also concisely outline the advantages of different investment ownership options, ranging from superannuation, through to various trusts and corporate options, as well as sole or shared individual ownership. READ MORE 

Ownership options for owner controlled businesses

Choosing the right type of business ownership to suit your individual situation can mean the difference between your equity contributions being properly protected or your equity being exposed. Separation can be achieved between business assets and investment assets. Future issues such as eligibility for the small business Capital Gains Tax concessions and State Duty exemptions on a sale or transfer can also be addressed.  READ MORE  

Parent to child loans

Often parents elect to assist their children in acquiring homes, businesses or other assets by providing equity loans. Too often that finance can prove a bonanza for the child's partner in a domestic relationship breakdown or for the child's creditors (or recipients of guarantees) in the event of financial difficulty. Moores Legal can help you set up proper documentation securing such finance that protects against such issues.  READ MORE 

Intra business agreements

One of the mistakes often made in business is the failure to address what actually has been agreed to by the various business parties and entities involved in the business, particularly in relation to profit sharing, non-business activities and future voluntary or involuntary exit. Intra business agreements can be important for tax or compliance reasons, particularly in the case of company to shareholder loans or leases of premises.  READ MORE 

Non-creditor asset protection issues

For many, protection of assets against the risk of domestic conflict or challenges to their estate planning wishes is paramount. Guarding against such issues can often be achieved by using appropriate binding financial agreements or careful structuring of assets. Moores Legal can advise the best course of action to take, such as the use of reversionary superannuation pensions or binding death benefit nominations.   READ MORE