Corporate Legal Advice & Services
Does your business face scrutiny by regulators and stakeholder groups? Do you need a lawyer who understands government policy and how it affects the law? Then read on!
Reliability is a must
Tan and Tan Lawyers can look after your corporate governance issues for you. We provide company secretarial services for proprietary limited companies and advice for public listed companies.
Whether you’re a small start-up business or a large organisation, this is a critical, sensitive area to many companies and you need a lawyer that you can trust.
What does our corporate governance service offer?
For over 30 years, Western Australia’s businesses have trusted us to handle some of their most sensitive corporate issues.
Here are just a few examples of the areas where we’ve helped our clients:
- Corporate governance
- Privacy policy preparation
- Competition laws
- Trade practices
- Risk management
- Conflicts of interest
- Internal policies and procedures
- Directors’ duties and insolvent trading
- Responsible, clear decision-making
- Mediation between stakeholders
We’ll keep your costs low
Remember, our aim is to provide clients with a top quality legal service, without the top cost.
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Corporate Legal Advice FAQ's
What corporate governance services does a business lawyer provide?
A corporate governance lawyer helps businesses establish and maintain the frameworks, policies, and procedures that ensure the company is managed lawfully, ethically, and in the interests of its stakeholders. This includes advising on directors’ duties, managing conflicts of interest, preparing internal policies and procedures, ensuring compliance with competition and trade practices legislation, and supporting responsible decision making at board and management level.
We provide corporate governance services for both proprietary limited companies and public listed companies, and have been trusted by Western Australian businesses for over 30 years to handle some of their most sensitive corporate issues. Our service extends to company secretarial functions, privacy policy preparation, risk management advice, and mediation between stakeholders when disputes or disagreements arise. Whether you are a small start up putting structures in place for the first time or an established organisation that needs to update existing policies, we deliver practical, affordable advice tailored to your specific situation. Free initial advice is available by email, and low cost phone or Zoom consultations allow you to discuss your needs before committing to any engagement.
What are the legal duties of a company director in Australia?
Company directors in Australia have a set of legal obligations under the Corporations Act 2001 that include acting in good faith in the best interests of the company, exercising their powers for a proper purpose, not improperly using their position or information for personal advantage, and preventing the company from trading while insolvent. A breach of these duties can result in personal liability, civil penalties, and in serious cases, criminal prosecution. These obligations apply equally to directors of small proprietary companies and large public listed entities.
We advise directors on how to fulfil their duties in practice, including how to identify and manage conflicts of interest, when to seek independent professional advice, and how to document decision making processes so that there is a clear record of proper governance. If you are concerned about the risk of insolvent trading, early legal advice is particularly critical because directors who continue to incur debts when the company is unable to pay them can face personal liability for those debts. You can contact us by email or phone to discuss your specific circumstances in confidence.
Does my business need a privacy policy in Australia?
Any Australian business with an annual turnover of more than $3 million is required to comply with the Australian Privacy Principles under the Privacy Act 1988, which includes having a clearly expressed and up to date privacy policy. Certain businesses below that threshold are also covered, including health service providers, businesses that trade in personal information, and organisations related to a larger entity that is subject to the Act. Even if your business is not technically required to have a privacy policy, having one is considered best practice and can help protect you from complaints, reputational damage, and regulatory action.
We prepare privacy policies that are tailored to the specific data your business collects, how it is stored, and who it is shared with, rather than relying on generic templates that may not accurately reflect your operations. Because privacy law intersects with competition law, trade practices, and broader risk management, our corporate advisory team can ensure that your privacy policy sits within a coherent governance framework rather than existing as a standalone document. If you are unsure whether your business needs a policy or whether your existing one is adequate, we can review your situation quickly and affordably. Free initial advice is available by email.
What is insolvent trading and what are the risks for directors?
Insolvent trading occurs when a company incurs debts at a time when it is unable to pay all of its debts as and when they become due and payable. Under section 588G of the Corporations Act 2001, directors have a duty to prevent this from happening, and a director who allows the company to continue trading while insolvent can be held personally liable for those debts. Penalties can include personal financial liability to creditors, civil penalty orders, and in cases involving dishonesty, criminal prosecution.
Recognising the warning signs early is essential, because the longer a company trades while insolvent, the greater the exposure for the directors involved. Common indicators include an inability to pay suppliers on time, reliance on borrowing to meet day to day expenses, and ongoing losses without a realistic plan for recovery. We advise directors on how to assess their company’s solvency position, what steps to take if insolvency is suspected, and how to document their decision making so that they can demonstrate they acted responsibly. If you are concerned about your company’s financial position, we strongly recommend seeking advice before the situation escalates. You can reach us by email or phone for an initial consultation.
Can a small business benefit from corporate governance advice?
Yes, corporate governance is not just for large organisations or publicly listed companies. Small businesses, including start ups and proprietary limited companies, benefit significantly from having clear governance structures in place because these frameworks protect directors from personal liability, reduce the risk of disputes between owners and stakeholders, and create the internal discipline needed for the business to grow sustainably.
Many small business owners assume that governance is something they can address later, but the reality is that issues like conflicts of interest, unclear decision making authority, and inadequate record keeping can cause serious problems long before a business reaches the size where these things are formally required. We have been advising Western Australian businesses of all sizes for over 30 years, and we understand that a start up needs a different level of support than a large corporation. Our advice is practical, proportionate to the size of your business, and designed to keep costs low while putting the essential structures in place. Free initial advice is available by email, and low cost phone or Zoom consultations allow you to understand what your business needs before committing to any engagement.
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