The Rockwall and Floe Lake
Kootenay National Park, BC
Corporate & Commercial Law
Scott offers full corporate and commercial legal support for businesses in a wide variety of industries, including tourism/adventure, technology, hospitality, retail, healthcare and cannabis. Scott supports clients at all stages of the business cycle:
Selection of Legal Entity
Scott advises clients on the best form of legal entity for their business, whether it is a corporation, partnership, limited partnership, or otherwise. In addition, Scott provides for the submission of all registrations and the preparation of all documentation to form the legal entity.
Governance Matters
Scott assists clients with all aspects of business governance. This includes director and shareholder resolutions and the drafting of employment, unanimous shareholder, partnership or limited partnership agreements. This also includes advice and guidance on director/officer liability, board/shareholder meetings, and the establishment of business policies and codes of conduct.
Insurance
Scott advises clients on the types of business insurance that are available and reviews any insurance policy documents to ensure client’s operations and assets are properly insured.
Financing
Scott assists clients of all sizes in the financing of their business. Whether the business is using personal cash, bank and third-party loans or raising capital from family, friends or outside investors, Scott helps to ensure the proper documentation is in place and the money is available for use.
Operational Contracts
Commercial contracts are the lifeblood of every business. A business will enter into supply contracts. These are contracts to have materials or services supplied to the business, or to acquire operating space. These ensure the business is capable of producing its product or service. A business will also enter into revenue generating contracts. These are contracts for the sale, lease or license of the business’ products or services to customers. It is of critical importance to a business that all of its contracts achieve the following three purposes:
- must be clear and concise so as to avoid disputes with the people with whom the business is dealing,
- must sufficiently protect the business from liability, and
- must get the business a good deal.
Scott provides advice and guidance on any existing contracts as well as negotiating and drafting service for any new contracts, including confidentiality/nondisclosure agreements, letters of intent, supply agreements, license agreements, wholesale, manufacturing and distribution agreements, construction agreements, consulting and employment agreements and commission agreements.
Dispute Resolution
In the event of a dispute over a commercial arrangement, whether written or verbal, Scott provides assistance in the negotiation of a settlement or failing such settlement, legal action via the dispute resolution or court process.
Exiting the Business
In the later stages of clients’ businesses, Scott assists on exit transactions of all types: asset sales, share sales and joint ventures. Scott provides review and logistical assistance for due diligence as well as negotiation and drafting of all transaction closing documents.
Legal Risk Assessment
In a perfect world all businesses would operate with an appropriate legal structure, well-defined ownership and management relationships and clear, iron-clad contracts.
In reality, the burden required to simply get the business’s service or product to market and ensure the day-to-day operations run smoothly leave the business owner with little time or capital to ensure the business is properly protected.
As a result, the business may be vulnerable to legal risks such as inability to collect revenue from clients, disputes with suppliers, non-compliance with regulatory laws, loss of intellectual property, or disagreements among co-owners. All of these issues could put the business’s finances or reputation at risk.
Please call or email to schedule a Legal Risk Assessment.
Estate Law
Scott provides clients with legal service in the drafting and execution of all estate documents. While most people have heard of a Will, simple estate plans are typically formed by three foundational documents:
Will
A Will sets out how your assets are to be divided upon your death. It can further provide direction for guardianship of minor children, special needs dependents, funeral arrangements and management of death related expenses, among other things.
Enduring Power of Attorney
An Enduring Power of Attorney sets out who will manage your property and financial affairs should you become incapacitated.
Personal Directive
A Personal Directive (also known as a “living will”) allows you to direct who will make important decisions with respect to your care should you be unable to make those determinations for yourself. It outlines your wishes for matters such as the type of care you wish to receive or not receive and where you will live should you need more advanced care than can be provided in your home.
Energy & Infrastructure Law
Scott is available to provide commercial drafting and negotiation services for energy and infrastructure companies. Please click on this link to view Scott’s Energy Law Credentials.