Advising BC Businesses

Effective advice; Key forms and precedents for all your business law clients

This publication is essential for: all solicitors in their first five years of practice and also for general practitioners who do any business law work.

Current to: November 1, 2014 

Take advantage of the collective wisdom of BC’s leading business law practitioners! This broad-ranging work offers the type of information that good mentors pass on to their associates, with an emphasis on "how to" and practical tips.

Advising BC Businesses covers all stages of advising a business, starting from the first meeting with the client. With this resource, you will help clients select appropriate business structures and to set up their businesses, and guide them through the legal issues that arise during the life of a business. You will be able to handle a diverse range of client needs and situations, recognize possible pitfalls and problems, and determine when you need more specialized advice.

16 chapters in volume 1 refer to over 60 key forms and precedents in volume 2. Coverage includes companies, societies, partnerships, and other kinds of businesses.

Winner of the ACLEA Award for Professional Excellence in Publications.

Subscriptions include online access with search capabilities and links to the full text of case law and legislation, and forms and precedents on CD-ROM.

ONLINE ONLY annual subscriptions are available. Subscribe now.

Highlights of the 2015 update

The manual includes updated resources and commentary, new and updated forms, precedents and checklists, as well as updated tables of cases, legislation, and references, and index. Highlights include:

• Chapter 1 (Initial Considerations)—expanded discussion on the Canada Not-for-Profit Corporation Act and Community Contribution Companies
• Chapter 2 (Organizing and Operating a Business)— Community Contribution Companies and registration procedures under NWPTA
• Chapter 4 (Equity Financing)—update on potential prospectus exemption on start-up crowdfunding
• Chapter 5 (Business Acquisitions)—added content on the tax implications of non-competition agreements under the Income Tax Act, s. 56.4
• Chapter 6 (Due Diligence)—discussion of the anti-spam legislation, and the significance of the SCC decision Bhasin v. Hrynew, 2014 SCC 71
• Chapter 8 (Tax Issues)—the decision that a general partner in a limited partnership is liable to pay PST on the purchase of partnership assets: Edenvale Restoration Specialist Ltd. v. The Queen, 2013 BCCA 85; revisions to the qualified small business corporation shares lifetime capital gains exemption, and the shift to little tax advantage to earning personal services business income through a corporation
• Chapter 9 (Intellectual Property Issues)—a summary of forthcoming amendments to the Trade-marks Act; more precise descriptions and examples of patentable vs. unpatentable claims (e.g., unpatentable higher life forms and patentable lower life forms), and how to construct a patent claim
• Chapter 10 (Employment and Labour)—description of liability of workers and employers regarding bullying, plus a sample Workplace Bullying and Harassment Policy (FP41A)

Stay current—sign up for our Standing Order list!
At no cost to you, receive a friendly reminder one month before a new update is published. Contact Customer Service for information on content and cost of the update. If you choose to purchase the update, you will be billed—otherwise, there is no cost to you. Ensure that you never miss out on important updates and sign up now!

CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca

CONTENTS
________________________________________

1. Initial Considerations
2. Organizing and Operating a Business
3. Debt Financing
4. Equity Financing
5. Business Acquisitions
6. Due Diligence
7. Legal Opinions
8. Tax Issues
9. Intellectual Property
10. Labour and Employment
11. Real Estate Issues
12. Environmental Law
13. Insurance Basics
14. Estate Planning for Private Businesses
15. Resolving Disputes
16. Bankruptcy

• first-class precedents—sample partnership agreements, shareholders agreement, asset purchase and share purchase agreements, ss. 85 and 86 rollover precedents, and many more precedents, included on disk and available online
• accessible for the novice—beginning with basic advice on helping clients to select appropriate business structures and to set up their businesses, then guiding through the legal issues that frequently arise through the life of a business
• specific focus on BC law, including partnership law and precedents, societies and not-for-profits, setting up BC companies as private issuers, employment law issues, dispute prevention and resolution, and summaries of key legislation throughout
• a consolidation of the current Solicitors' Legal Opinion Committee statements and opinions
• authoritative and practice-based reviews throughout, written by expert practitioners 
• designed to lead into CLEBC's other acclaimed business law resources, including the BC Company Law Practice Manual, Buying and Selling a Business, Due Diligence Deskbook, BC PPSA Practice Manual, and others 
• current—all the latest developments, including Community Contribution Companies, New West Partnership Trade Agreement, net-benefit to Canada, unlimited liability companies, the ever-changing environmental legislation and bankruptcy law changes, and much more