Lesly Ann Cho

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Articles

When is a loan repayable and how long does a lender have to recover a debt?

Sep 25, 2024 | mondaq.com | Lesly Ann Cho

A loan is a type of debt where one party gives money to another party on the basis that it will be repaid at some point in time. Anyone from a friend to a company can advance or receive a loan. For example, individuals may borrow money to purchase a car or home, or a small business may borrow money to fund the running of that business. Disputes about loans are commonplace.
When is a loan repayable and how long does a lender have to recover a debt?

Sep 24, 2024 | clarkekann.com.au | Lesly Ann Cho

A loan is a type of debt where one party gives money to another party on the basis that it will be repaid at some point in time. Anyone from a friend to a company can advance or receive a loan. For example, individuals may borrow money to purchase a car or home, or a small business may borrow money to fund the running of that business. Disputes about loans are commonplace.
Directors beware - your duties and the use of shareholder loans

Aug 6, 2024 | mondaq.com | Lesly Ann Cho

It is common knowledge that directors owe duties to a company. Directors are, after all, responsible for its overall governance and direction. However, those duties are usually loosely acknowledged, and their scope is often underappreciated. In smaller businesses, such as those with one or a small number of directors who are also the shareholders of the company, the risk of directors unknowingly or inadvertently breaching their duties can be higher.
Shareholders and directors disputes: Just and equitable winding up

Apr 30, 2024 | governanceinstitute.com.au | Lesly Ann Cho

by Lesly Ann Cho, Partner, ClarkeKann LawyersCompanies can fall into disarray as a result of a falling-out or ongoing dispute between company shareholders and directors. There are various remedies available to the court to resolve a deadlock in circumstances where the is a complete breakdown in the relationship of a company’s members.
Shareholders and Directors' Disputes - A way forward

Apr 15, 2024 | lexology.com | Lesly Ann Cho

Disputes between shareholders and directors are common place and can take shapes of varying degrees and scope. They often involve disagreements with respect to control over the direction, management or operation of a business, access to the company's books and records, declaring dividends and breaches of fiduciary duties, just to name a few.
Shareholders and Directors Disputes – Just and Equitable Winding Up - Shareholders - Australia

Apr 6, 2024 | mondaq.com | Lesly Ann Cho

Disputes between company shareholders and directors are common place and can have a significant impact on a company's operation. It is also not unusual for protracted disputes to ultimately lead to irreconcilable situations that ultimately and significantly limit the ability of a company to continue to function.
Voidable Transactions - When does interest begin to accrue? - Insolvency/Bankruptcy - Australia

Mar 16, 2024 | mondaq.com | Tom Gardner |Tobin Insights |Lesly Ann Cho

Voidable transactions form a vital part of the insolvency regime and ensures that the assets of an insolvent company are made equally available to its creditors, particularly those that have been sought to be made unavailable in the period leading up to the insolvency.
The Voidable Transaction Regime – A summary - Insolvency/Bankruptcy - Australia

Mar 16, 2024 | mondaq.com | Tom Gardner |Lesly Ann Cho |Tobin Insights

The voidable transaction regime under Part 5.7B of the Corporations Act 2001 (Cth) (the Act) provides a framework for liquidators to pursue recovery action against parties who have received property or some form of benefit from an insolvent company. In turn, the mechanisms and processes under the regime often provide uncertainty in commercial dealings and other transactions of a company and provides a further layer of anxiety when navigating through cashflow problems.
Lesly Ann Cho from ClarkeKann Lawyers Author Profile Page

Mar 16, 2024 | mondaq.com | Lesly Ann Cho

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Shareholders and Directors Disputes – A way forward - Shareholders - Australia

Nov 18, 2023 | mondaq.com | Lesly Ann Cho

Disputes between shareholders and directors are common place and can take shapes of varying degrees and scope. They often involve disagreements with respect to control over the direction, management or operation of a business, access to the company's books and records, declaring dividends and breaches of fiduciary duties, just to name a few.