"Lawyers for Canberra, Queanbeyan and the Capital Region since 1897"

Business Health Check

Legal Health Check Diagnostic Questionnaire for Businesses

Take a few minutes to tick the appropriate boxes it could save you years of trouble.

Remember there are:

“Known knowns,
Known unknowns, and
Unknown unknowns”  -  Donald Rumsfeld (NATO Press Conference 2002)

(The last one will bite you)

Business Structure:

1. Is the business incorporated?
 Yes No Don’t Know Not Appl.

2. Do you know who the Directors and Shareholders of the Company are?
 Yes No Don't Know  Not Appl

3. Are you married or in a long term relationship?
Yes No 

4. Do you have children?
 Yes No

5. Is the Constitution of the Company up to date?
 Yes No Don't Know Not Appl

6. Have the ASIC returns for each year been completed?
 Yes No Don't Know Not Appl

7. Does the Constitution of the Company allow the business to do what it is doing?
 Yes No Don't Know Not Appl

8. Is the Company the Trustee of a Trust?
 Yes No Don't Know Not Appl

9. Is the Trust Deed up to date?
 Yes No Don't Know Not Appl

10. Do you know how the Trust works?
 Yes No Don't Know Not Appl

11. Is the Trust a self managed Superannuation Trust?
 Yes No Don't Know Not Appl

12. Does the Constitution of the Company allow it to be a Trustee of a Trust?
 Yes No Don't Know Not Appl

13. Who are the beneficiaries of the Trust?
 Yes No Don't Know Not Appl

14. Is the name of the business registered?
 Yes No Don't Know Not Appl

15. Is your business name registered to the correct proprietor?
 Yes No Don't Know Not Appl

16. Has the registration expired?
 Yes No Don't Know Not Appl

17. Do the individual owners / directors / shareholders of the business have a Will?
 Yes No Don't Know Not Appl

18. Do the directors have a director’s agreement between themselves?
 Yes No Don't Know Not Appl

19. If it is a partnership is there a written partnership agreement?
 Yes No Don't Know Not Appl

20. Should Powers of Attorney be granted?
 Yes No Don't Know Not Appl

21. Should Guardianships be granted?
 Yes No Don't Know Not Appl

22. Are appropriate life insurance policies in place to protect the equity of a deceased partner / director’s family in the event of death of the partner / director?
 Yes No Don't Know Not Appl

23. Do you have income protection insurance?
 Yes No Don't Know Not Appl

Employees:

24. Do you have current workers compensation insurance cover?
 Yes No Don't Know Not Appl

25. Are you liable for payroll tax?
 Yes No Don't Know Not Appl

26. Are you paying appropriate superannuation contributions?
 Yes No Don't Know Not Appl

27. Do you have up-to-date Employment Contracts?
 Yes No Don't Know Not Appl

28. Are you familiar with OH & S requirements with respect to your business?
 Yes No Don't Know Not Appl

29. Have you assessed the hazards in your workplace?
 Yes No Don't Know Not Appl

30. Do you have in place anti-discrimination, grievance and harassment policies and procedures?
 Yes No Don't Know Not Appl

31. Are you familiar with employee awards or enterprise agreements?
 Yes No Don't Know Not Appl

32. Are you aware of your obligations under Fair Work Australia?
 Yes No Don't Know Not Appl

Premises:

33. Does the Company / Business own its premises:
 Yes No Don't Know Not Appl

34. Do you have a lease?
 Yes No Don't Know Not Appl

35. Do you know the term of the lease?
 Yes No Don't Know Not Appl

36. Do you know when you can and cannot exercise an option to renew your lease?
 Yes No Don't Know Not Appl

37. Are you liable for Land Tax?
 Yes No Don't Know Not Appl

38. Do you understand the rent review provisions of your lease?
 Yes No Don't Know Not Appl

39. Are you aware of the outgoings provisions of your lease?
 Yes No Don't Know Not Appl

40. Do you hold all appropriate insurances as required by the lease?
 Yes No Don't Know Not Appl

41. Is the lease registered?
 Yes No Don't Know Not Appl

Finance:

42. Have you given personal guarantees?
 Yes No Don't Know Not Appl

43. Have you mortgaged anything?
 Yes No Don't Know Not Appl

44. If the business is a company has it granted a fixed and floating charge?
 Yes No Don't Know Not Appl

45. Have you given security over plant and equipment?
 Yes No Don't Know Not Appl

Intellectual Property:

46. Do you protect your confidential information or ideas?
 Yes No Don't Know Not Appl

47. Do you have appropriate restraints on your employees by way of written agreements?
 Yes No Don't Know Not Appl

48. Are you familiar with your software and equipment licences?
 Yes No Don't Know Not Appl

If you answered ‘No’ or if you are uncertain as to the answer to any of the above questions please contact us by email for advice with respect to the necessary action you should take.

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Or contact: Cassandra Emmett or Rod Anthes on:  02 6206 1300