Sajen Accord
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For years, legal firms have persisted with an outdated model for servicing clients. Geared to charge for every email, phone call and meeting or six minute timeslot, that model has contributed to a prevailing negative attitude towards lawyers. Worse, it has served to fuel distrust, prohibiting the need to obtain timely advice.
With this in mind, Sajen legal has developed Sajen Accord as a customised service to carry out your legal work for a pre-agreed price. Within an industry that is notoriously traditional and inherently conservative, Sajen legal has been able to widen the scope for innovation and deliver a system now being utilised by top business firms across the world.
This approach offers you the power to determine legal costs within a budget and in advance. This often prevents legal problems from escalating because it removes reluctance to seek timely advice out of fear of incurring additional billing. The Sajen Accord delivers a tailored service because our solutions are results focused and developed in full consultation with you.
Sajen Accord provides you with the traditional representation you come to expect from your business lawyer. Sajen Accord provides clients with an annual retainer for the provision of all their legal needs. From small family oriented or micro-business packages to medium enterprise deals covering the whole gamut of legal services, Sajen Accord will provide clients with certainty in an uncertain world.
Having accurate knowledge of the law is vital in today’s business. It’s just not possible with all the other balls you’re no doubt juggling from day to day. Understanding your legal rights and how you can protect them is the key to resolving legal problems. So if you can’t be in charge of the legal issues, having a lawyer on tap to be in charge of them is the next best thing, particularly when you don’t have to be concerned about being charged every 6 minutes.
Accord is the next best thing to your own in house counsel, but at significantly lower risk or costs. Call us now or email us at mail@sajenlegal.com.au for more information or an application form.
SCOPE OF SAJEN ACCORD
SAJEN ACCORD – SERVICES PROVIDED
1. Company Insolvency – Administration/Liquidation
To assist with general, commercial legal issues which may arise during the course of the Company’s administration or liquidation. This may include:
(a) issues arising at Creditors meetings and all matters of and in connection with the negotiation, preparation, execution and performance of any Deed of Company Arrangement.
(b) liaison with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
2. General Matters
To act generally on behalf of the Client and to provide advice on general, incidental or miscellaneous issues which may arise from time to time and in respect of which, for efficiency and economic reasons, the Client would not wish a specific file to be opened, unless those matters developed further.
This may include liaising with any relevant third parties that the matter may require and attending to all ancillary documentation, correspondence, meetings and telephone calls.
3. Litigation and Advocacy Work
The provision of Work as requested from time to time, to represent your interests throughout the duration of this Agreement in any dispute, investigation of a cause of action, court action, alternative dispute process, mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and execution.
4. Estate Administration
To act on the Client’s behalf as the Executors of a deceased Estate including:
(a) Application to the Supreme Court for a Grant of Probate (the Will);
(b) administration of the Estate including identification and collection of the assets of the Estate and discharge of its liabilities; and
(c) distribution of the net assets of the Estate in accordance with the Will.
This will include liaising with any other external advisers and other relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
5. Terms of Trade
Review Terms of Trade, including Credit Application process and security arrangements (if any), making such amendments, replacements or substitutions as we consider appropriate.
This may include liaising with any other external advisers and other relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
6. Restructuring Advice
To advise on an appropriate restructure of the operations of a business or company group, assets and business arrangements to better facilitate growth, revenue and risk management.
This may include:
(a) the formation of new corporate and/or trust entities;
(b) the documentation of relationships between those entities;
(c) the documentation and carriage of transactions necessary to effect the transfer of assets and/or liabilities between those entities; and
(d) liaising with any other external advisers and other relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
7. Business – Sale
To act in the sale of a business. This will involve:
(a) negotiation of the terms and conditions of the Contract of Sale;
(b) negotiation of the terms and conditions of the Lessor’s consent to assignment of the Lease (if applicable);
(c) all dealings with the lawyers for the Buyer and other parties regarding preparation and perusal of documentation associated with the conveyance and its conduct and completion generally.
(d) undertake any relevant Searches necessary to complete the sale;
(e) draft and finalise all other documentation necessary to effect the sale;
(f) arrange and attend settlement on your behalf; and
(g) undertake all other necessary attendances required to settle this matter.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
8. Business – Purchase
To act for the Client in relation to the purchase of a business including:
(a) Advice in relation to the purchase of a business;
(b) negotiate all necessary changes and further contract provisions required to the form of Contract prepared by the Seller’s lawyers;
(c) conduct Due Diligence (including carrying out necessary Searches);
(d) effect the transfer of the subject matter of the Contract;
(e) deal with lenders requirements for any advance to assist in acquisition of the Business, and any security required in relation to the advance;
(f) draft and finalise all other documentation necessary to effect the purchase;
(g) arrange and attend settlement on your behalf; and
(h) undertake all other necessary attendances required to settle this matter.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
9. Purchase of Management and Letting Rights
To act on the Client’s behalf to:
(a) negotiate and draft the terms and conditions of the Management Rights Business Sale Contract and the Residential Unit Contract;
(b) conduct Due Diligence (including carrying out necessary Searches),
(c) preparation of all transfer and ancillary documentation;
(d) read and advise in relation to the Caretaking and Letting Agreements and the assignment of such agreements;
(e) deal with lenders requirements for any advance to assist in acquisition of the Business, and any security required in relation to the advance;
(f) advise you on and prepare applications for all necessary licences and permits required to carry on the business;
(g) attend to settlement; and
(h) all other matters required to effect completion of the acquisition transaction.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
10. Lease
To:
(a) review property Leases;
(b) attend to any negotiation of the Lease and the finalisation of Lease terms;
(c) conduct all relevant searches and enquiries in relation to the Lease;
(d) obtain all necessary consents to the Lease;
(e) where appropriate, arrange the Advice Certificates and Disclosure Statements required under the Retail Shop Leases Act;
(f) attend to all other correspondences incidental to finalising this matter; and
(g) attend to the registration of the Lease (if required).
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
11. Extension of Lease
To:
(a) formalise the extension documentation for the Leases;
(b) negotiate in relation to the increased rental amount under the new term; and
(c) do all things necessary to finalise documentation and attend to registration of the extension documentation (if required).
The nature or extent of these negotiations may result in a change to the Fees and Expenses.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
12. Purchase of Commercial Land and Building
To:
(a) advise in relation to the purchase of real property
(b) negotiate all necessary changes and further contract provisions required to the form of Contract prepared by the Agent/Seller’s lawyers;
(c) conduct Due Diligence (including carrying out necessary Searches and advising you with respect to the terms of the lease, if applicable);
(d) deal with lender’s requirements for any advance to assist in acquisition of the property, and facilitate any security required in relation to the advance;
(e) draft and finalise all other documentation necessary to effect the purchase; and
(f) arrange and attend settlement.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
13. Sale of Commercial Land and Building
To:
(a) prepare and/or negotiate the terms and conditions of a Contract of Sale;
(b) all dealings with the lawyers for the Buyer and other parties regarding preparation and perusal of documentation associated with the transaction and its conduct and completion generally.
(c) undertake any relevant searches necessary to complete the sale;
(d) draft and finalise all transfer or other documentation necessary to effect the sale;
(e) arrange and attend settlement; and
(f) undertake all other necessary attendances required to settle this matter.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
14. Financial and Securities – Lender
In relation to financial transactions for the lender. Without limiting the scope of the documentation which may be required, our work is likely to include:
(a) preparation and negotiation of a Loan Agreement/Deed of Loan;
(b) preparation and negotiation of a Form 2 Mortgage security;
(c) preparation and negotiation of a Mortgage Debenture/Company Charge to be registered over the assets and undertakings of the Borrower company, along with all ASIC compliance documentation;
(d) preparation and negotiation of a Deed of Guarantee;
(e) preparation and negotiation of a Deed of Subordination/Deed Regulating Priorities;
(f) carrying out all necessary searches of the Security Property/Borrower company; and
(g) arranging and attending settlement of the advance.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
15. Financial and Securities – Borrower
To act in relation to financial transactions for a borrower or guarantor. Without limiting the scope of the documentation which may be required, our work is likely to include:
(a) negotiation of the terms of a Loan Agreement/Deed of Loan;
(b) negotiation of the terms of a Form 2 Mortgage to be registered over the property;
(c) negotiation of the terms of a Mortgage Debenture/Company Charge to be registered over the assets and undertakings of Borrower company, along with completion of all ASIC compliance documentation;
(d) negotiation of the terms of a Deed of Guarantee;
(e) negotiation of the terms of a Deed of Subordination/Deed Regulating Priorities;
(f) should the Lender require it, carrying out all necessary searches of the Security Property; and
(g) arranging and attending settlement of the loan.
This will include liaising with any relevant third parties and attending to all ancillary documentation, correspondence, meetings and telephone calls.
16. Trade Marks/Intellectual Property
To:
(a) search various Australian names databases to determine the availability of your proposed trade mark(s);
(b) provide a report of the results of our searches;
(c) attend to Australian applications for your proposed trade mark(s); and
(d) liaise with IP Australia and you until registration of your trade mark(s).
(e) enforcement of trade marks and other intellectual property.
EXCLUSIONS
The Services provided under the Sajen Accord do not include the ‘Excluded Services’ as defined in the terms and conditions or any legal work of and incidental to the following matters:
(a) Accounting and or Taxation advice;
(b) Financial advice or services;
(c) Personal Injuries claims of any nature;
(d) Family Law (as would fall within the ambit of the Property Law Act 1974 or the Family Law Act 1975);
(e) Wills and Estate Planning;
(f) Town Planning matters; and or
(g) Criminal matters;