Offering creative solutions and new opportunities to our clients.
A sophisticated corporate structure is crucial for the success of any business.
No matter the size, we can aid you in realizing your goal.
Many businesses, especially those just starting out, have expressed to us that the number one reason for hesitating to engage a law firm for corporate services is lack of certainty in fees. A recent survey revealed our clients would love the opportunity to engage us for set fees—we’ve heard the call and have made a bold move towards launching a set fee program!
By offering a set fee package, we hope to take the guesswork out of budgeting for legal expenses. This approach also allows for better efficiency, by reducing the amount of back-and-forth communications required.
Our á-la-carte menu allows you to pick and choose the best combination of services for your specific business needs. Contact us to learn about our set fees.
Note that these fees are designed to be the most cost effective for organizations who require basic standard documents. If your needs are more complex, set fees might not work for you. We’re excited to launch this program, but may change our approach, including pricing, as we receive feedback from participating clients.
Give us a call to set up a complimentary consultation so we can get to know you and your business. You can tell us which services you’re interested in, and we can make recommendations tailored to your specific situation. To start, download our checklist to choose your own corporate adventure!
If you choose to hire Du Plooy Law, we’ll draft an easy-to-understand engagement agreement, outlining the precise services we will provide, and a timeline for completion.
Du Plooy Law is collaborating with long-time Alberta business and investment advisor Henry Kutarna to launch the Business Advisory and Mentorship program (BAM!). The program will complement our current service offering, taking our corporate commercial law services beyond mere legality, and allowing for a more holistic approach to ensuring the long-term success of our clients’ businesses.
Our daily interactions with Calgary’s business community have given us a unique perspective on the need for lawyers to understand clients’ overarching business objectives. To provide effective legal services, we also need to ensure the development of best business practices and strategies for our clients.
Law firms face an increasing expectation from businesses to appreciate and understand the day-to-day realities of their clients, over and above the legal services they typically provide. Our big-picture approach allows us to provide more comprehensive and lasting solutions to our clients. The more we know about our clients’ businesses, the better we are able to work with them to plan ahead and provide practical legal advice.
How It Works
BAM is an adjunct service to our standard legal services offering. If you think your business could benefit from our mentorship program, your business will formalize a relationship directly with the Mentor.
Before committing to the mentorship program, interested clients may attend a two-hour whiteboard session to determine if the program will meet their specific business needs. The client will set the agenda for the session, with an eye towards current needs and concerns, and the future trajectory and aspirations of the business.
We view this brainstorm and planning session as an important part of establishing a strong client relationship, and as such we will not charge a fee for our participation in the session. Should clients elect to engage the Mentor, the client and the Mentor will formalize their relationship independent of the client’s relationship with the firm. This means that the client will benefit from full confidentiality in their communications with the Mentor, and the Mentor will only share with us those matters that he or she is instructed to disclose by the client.
What it is Not
The BAM program is separate and independent from Du Plooy Law legal services, and is not covered under ALIA, nor the Rules or Code of Professional Conduct of the Law Society of Alberta. As lawyers, we are not qualified to provide professional services other than legal services, and all business mentoring services will be provided by the Mentor directly. No partner, employee or contractor of Du Plooy Law received or will receive any direct or indirect financial benefit or remuneration from or through any of the Mentor’s services.
The Mentor’s services will not be prescriptive, and clients will always hold the ultimate authority to make all decisions themselves. The services are intended to inform and empower our clients to unlock their businesses’ potential, specifically in conjunction with their other professional advisory services.
By offering the services of an in-house Business Mentor in conjunction with our business law advice, we aim to provide the following benefits to our clients:
If you are interested in exploring this option, please review Henry’s bio in the Our Team section and feel free to contact us if you have any questions.
By sophisticated we do not mean expensive or overly complicated. Your corporate structure can be sophisticated enough to allow for tax planning, asset protection and proper exit strategies, but can be streamlined and elegant at the same time.
There are many different corporate forms, such as corporations, joint ventures or limited partnerships. We can help you choose and set up the structure that is right for you. If done properly, you will have good asset protection inside your business, the shareholders will clearly know their rights and responsibilities, and you will probably save money by avoiding tax liability and wasted litigation cost.
We educate and empower you about your chosen corporate structure. If you understand the structure and its benefits, you can better use and administrate it. The structure we design for you should be simple yet sophisticated.
As your business grows and the economic factors change, you may need corporate reorganization.
Such a corporate reorganization can be necessary for many reasons, but in our experience it usually relates to the need for tax savings, asset protection, a restructuring of the control inside the business, or an exit from the business.
Although not always, the need for corporate reorganization usually arises from significant events in the lives of the owners, or in the cycle of the business. One example is the addition or exit of a shareholder/owner. Another may be that the current owners want to start exiting the business and gradually sell it to the next generation of shareholders. Another reason could be the desire to roll assets into a holding company or a sister company to protect the assets against law suits, or to benefit from certain tax savings.
The focus in any corporate reorganization is to save you money in the long run, and to protect your business assets against claims. Our service is geared towards these goals and tries to accomplish this with the maximum efficiency.
The purchase or sale of a business can be done in a number of ways, and each method has different factors to consider.
Generally, it can be structured as buying or selling the shares of the operating company, or the assets of the business. A hybrid of share and asset sale is also possible. Each of these methods have different tax and liability considerations.
We approach this type of transactional law from a project management point, and break it down to phases. The most common phases are contract negotiation and purchase conditions, financing, the due diligence, lease negotiation, the closing and wrapping the transaction up in post-closing. Other professionals like accountants and brokers are often involved in these transactions and we incorporate them into our team approach to maximize the efficiency of the total service to the client.
Our role is to work with you to successfully conclude the transaction, not to kill it. We collaborate as a team with you, other professional advisors as well as the other party’s lawyers to make the transaction close smoothly and efficiently.
Business owners want efficient tax structures to minimize cost and help the long term growth and viability of their businesses. We provide advice and implementation of classic and innovative tax strategies to assist our business clients in reaching this goal.
Tax structures must be tailored to the specific needs of the business and its owners, and often need not be overly complex. We work in consultation with tax experts to provide private business owners with transparent and streamlined tax structures. We prefer to collaborate with a client’s other professional advisors such as accountants and wealth advisors, to ensure that the strategy works with the overall long term financial goals.
Most business relationships you will encounter, can be written into an agreement.
Our approach is that if the relationship or your interest is important enough to protect, you will most likely need a contract for it. Our service for contracts includes drafting as well as reviewing.
We avoid legalese, use plain English and always try to write clear, simple agreements that are fair to all the parties. In our opinion, contracts are drafted to help strengthen business relationships, not to break them apart. If possible, we try to draft one template that you can use many times over for the same type of relationship.
In addition to drafting or reviewing, we also have extensive experience in contract negotiation and mediation.
We draft contracts that are understandable, written in plain English, fair to all parties and serve as positive, constructive additions to your business relationships.
All businesses need financing and capital at some point. We act for borrowers and lenders.
There are different ways to get commercial financing, and each has its own legal rules. Conventional financing is the most common, and banks and financing institutions each have their own set of contracts and security requirements.
Commercial lending can be complicated and the banks usually insist that a lender has its own lawyer to represent them in the transaction. In higher risk scenarios a business may have to seek secondary lending, or raise money from the general public within the rules of securities law.
We help businesses comply with the securities rules of private capital markets (which used to be called exempt market offerings).
Financing and securities law can be complicated and often high risk. We make sure that you understand the risks, your options, and try to negotiate or find the simplest and cost efficient solution for you.
Estate and succession planning for the business owner is closely linked with corporate succession.
Proper estate planning has many benefits, such as tax savings and certainty among beneficiaries. A common problem is that people in our aging demographic do their succession planning too late, and miss out on many of the tax saving opportunities, for example the savings that a discretionary family trust may bring.
Corporate succession should go hand in hand with the personal estate planning, because much of the estate value was built up in the business over years, and can be costly to unlock if there is no exit strategy for retirement.
It is important to remember that there may be strong emotions involved in the personal and business succession that should be incorporated into the bigger plan.
We provide a fully integrated succession plan in conjunction with your accounting, insurance and investment advisors. Our plan includes business aspects as well as softer factors such as family dynamics, personal hopes and desires.
More businesses are looking into expanding their presence around the globe. You don’t have to have a large corporation to take your business into new markets. There are international expansion opportunities for many small and mid-sized companies looking to grow. It can take many forms such as setting up a subsidiary inbound or outbound to or from Canada, joint ventures, distributions or straight export. Expanding to new jurisdictions opens your business to a broader client base and increased business growth.
We understand how complicated it can seem to expand your business to internationally and we want to make it as simple as possible for you. We advise foreign businesses in many different industries on local laws and regulations. We also help outbound business to navigate the landscape of a foreign markets for example with our associated law firms. Not only can we provide services in international contract drafting, we can also help you navigate applicable grants and bursaries and help you apply for the proper visa.
For companies looking to bring their business to Canada, we provide legal assistance to help your transition go smoothly. With extensive knowledge on the Canadian business environment, we can help ensure that you have everything you need to properly move your business into Canada.
• Incorporating in Canada or a foreign jurisdiction
• Cross-border corporate structuring and advice
• Import and export controls
• Exportation and distribution
• Supplier and agency contracts
• Purchase and sale contracts
• Inter-jurisdictional tax minimization strategies
• International transaction negotiation and trade advice
• Business Visa applications
• Government loan and funding opportunities
• Cross-border financing and access to venture capital
• Guidance with the Canadian government’s CanExport Program
If you are thinking about expanding your company into new markets, we can help you get there. We have a network of professional firms in other countries to help us provide a complete legal service to any business venturing into new markets.
Successful businesses often rely on developing positive relationships with their employees by establishing clear expectations. As a business expands and takes on more employees it can be difficult to maintain the delicate balance of meeting those obligations while simultaneously running a successful business.
We understand that this balancing act becomes more difficult when you begin to consider employment and human rights legislation, employment agreements and employee termination. We aim to assist our clients with this by taking a proactive approach to help avoid expensive and time-consuming litigation. We draft employment contracts customized to your needs, provide pragmatic business-oriented legal advice and offer dedicated risk management support. This approach will help you to focus on running a successful business while knowing that your employment matters are well taken care of.
• Employment Agreements
• Workplace Policies and Manuals such as remote working and social media guidelines
• Advise employers on hiring, downsizing and layoffs
• Compliance with Occupational Health and Safety Legislation
• Compliance with Human Rights legislation
• Reviewing severance or termination packages
• Contractor agreements
• Review of non-competition and confidentiality agreements
• Non-disclosure agreements
• Advising on employee dismissals
• Establishing workplace privacy policies and advise on compliance with applicable privacy legislation
• Advise on employment issues related to mergers and acquisitions
• Employee immigration
If your business is hiring new employees we would be happy to offer guidance and help to ensure your business is protected.
The Canadian government’s CanExport program provides support to small and mid-sized companies who are looking beyond our borders to grow their businesses. The program provides up to $75,000 in grant funding to Canadian companies to assist them in assessing and potentially entering foreign markets.
We offer guidance to companies interested in this program to help them be prepared for their target market before they submit their application. This can include initial corporate structuring required to qualify for the program and legal analysis of your target markets and industry. It is important that you evaluate all aspects of your target market before entering the jurisdiction to make sure that your company is well suited for the expansion.
• Industry regulations in foreign markets
• Exchange control
• IP protection and strategy
• International contracts
• Liability risk analysis
• Tax structures
• Export and Import regulations
• Employment regulations and visas
• Mergers and Acquisitions with foreign corporations
• Environmental regulations and liability
• Capital markets
• Cross border negotiations