Corporate & Commercial
We provide a full range of legal services to our corporate and business clients.
Business Corporations
There can be many benefits to incorporating your business, including taking advantage of the Small Business Corporate Tax Rate and the Capital Gains Exemption. We can assist you in deciding when to incorporate your business. We will also help you optimize the tax efficiency of your corporate structure with the use of discretionary family trusts, shareholder agreements and similar corporate and tax planning tools.Partnerships
Partnerships are often a preferable alternative to incorporation. Partners should always have a thorough and comprehensive Partnership Agreement to define the respective rights and obligations of each party, including mechanisms to terminate the partnership and to resolve disputes which might arise from time to time. Limited Partnerships can be used to take advantage of tax saving opportunities while retaining the benefits of limited liability protection.Corporate Re-organizations
Working in conjunction with our clients' accountants and other tax professionals, we assist them with all manner of business re-organizations, including formal corporate re-organizations, share exchange agreements, amalgamations, and a variety of other sophisticated corporate requirements. We also assist our clients in matters involving shareholder disputes, buyouts, and orderly liquidation and dissolution of business corporations.
Shareholder Agreements
Shareholder Agreements are essential to preserve corporate harmony and integrity, and to provide dispute resolution and exit mechanisms for all shareholders of the corporation. We assist our clients with all of these matters, including various types of by buy-sell arrangements, key man arrangements, employment agreements, share purchase on the death or disability of shareholders, and all similar circumstances.
Purchase & Sale of a Business
Once again working in conjunction with our clients' tax professionals, we assist them in the sale and purchase of businesses, including preparation of the necessary agreements and providing guidance for income tax issues, government licensing requirements and necessary business and corporate filings. We will also assist you in finding appropriate professionals to help you value the business which you plan to sell or buy, obtain the necessary financing, and will also provide recommendations regarding the most advantageous method of purchase or sale, including the benefits and possible disadvantages of a share purchase as opposed to an asset purchase.
Leasing Commercial Property
A lease of commercial premises should clearly set out not only the rent and term of the lease but also the obligations of the parties for payment of taxes, insurance and property maintenance. Landlords will wish to be careful to ensure that a commercial lease minimizes the potential for loss in the event of default by a Tenant, and to further ensure that the lease clearly defines and limits use of the property to the agreed purpose. Tenants will wish to pay attention to the same issues, and often will also request additional benefits under the lease including a Right of First Refusal in the event of a sale of the property and a possible Right of Renewal of the lease term.
Municipal Law
Mr. Elash has been the retained Solicitor for the City of Estevan since 2005 and has also served as the retained Solicitor for several other urban and rural municipalities. We can assist you regarding the rules and regulations which govern the use of and development of residential and commercial properties in cities, towns and rural municipalities.