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Why you should have a shareholders’ agreement if starting a business

If you’re starting or running a business with other co-founders, you’ve probably been told by someone to get a shareholders’ agreement. But why is this important?...

Protecting yourself when you supply goods on credit

Do you supply goods to another business on credit? If that business failed, you might think that you could walk in and reclaim the goods that haven’t been sold, right?...

An Offence to Courtesy – Asserting Minority Shareholder Interests

Although it might be discourteous, putting your own interests first as a minority shareholder won’t always put you in breach of your obligations to your fellow shareholders....

New Renting Regulations: The Lease You Can Do

New Renting Regulations: The Lease You Can Do   A number of changes to the Residential Tenancies Act 1986 are set to come into force. These changes are aimed at improving...

Covid-19: Do employers have to keep paying staff?

Covid-19: Do employers have to keep paying staff? New Zealand is again facing the possibility a lockdown of uncertain duration.  One thing we do know for certain is that...

Clear as a Whistle

The Protected Disclosures (Protection of Whistleblowers) Bill (Bill) seeks to clear up confusion for organisations and disclosers by making whistle-blowing simpler and more...

What to watch out for when buying or selling a contract

If you’ve entered into a contract with someone, can you transfer that contract to someone else? The answer depends on what the contract says – but there are some things...

New Penalty Test Confirmed

The Supreme Court today issued a judgment upholding previous decisions of the High Court[1] and Court of Appeal[2] in the Honey Bees Preschool v 127 Hobson Street case.[3] This...

Law change for commercial landlords and tenants to address Covid-19 rent relief

On 4th June, the Government announced law changes to help certain businesses resolve commercial rent disputes arising from COVID-19. Where an eligible tenant has suffered a...

Covid Changes to Insolvency Rules

COVID-19 (novel coronavirus) has had a significant impact on the global economy, and the effects of this will be felt for weeks to come. New Zealand’s economy has not escaped...

Changes to the Takeovers Code in response to COVID-19

CHANGES TO THE TAKEOVERS CODE The Takeovers Panel has just issued a Media Release announcing some temporary changes to the Takeovers Code (Code) to help mitigate the effects of...

Changes Coming to Business to Business Payments

The Ministry of Business, Innovation and Employment (MBIE) has recently produced a discussion paper aimed at improving business-to-business payment practices in New Zealand. ...

Frustration of Contracts Resulting from Covid-19

Covid-19 has already presented many frustrations for New Zealanders as we head into lockdown this week. The nationwide Civil Emergency is going to impact a large variety of...

Vendor GST Warranty

Nine times out of ten the GST information in an agreement to buy and sell property will be completed with relative ease as both vendor and purchaser (and their accounting/tax...

Farm Debt Mediation Scheme more than meets the sty

A new mediation scheme will apply to farm debt from 1 July 2020.  The scheme will require lenders to offer mediation before they can enforce farm debt. Key Points The...

Contracts can sort out unmatched expectation issues

Contracts: the importance of hidden assumptions   I’d like you to think about the last contract you entered into. Was it a tenancy agreement? Employment...

Use of Company Name and Personal Liability

A company is a popular type of trading entity because – among other things – it helps protect directors, shareholders, employees and other representatives from business...

Voidable Transactions

The Companies Act 1993 (the Act) provides that in certain circumstances some transactions can be ‘voided’ (or sometimes referred to as ‘clawed back’ or...

Misleading Conduct in the sale of a commercial property and director personal liability

In the recent Court of Appeal case of Sullivan v Wellsford Properties Ltd [2019] NZCA 168, the Court decided that when a vendor withheld information from the purchaser of a...

Beware when commercial discussions lead to trouble

Businesses often work with other businesses – through distribution arrangements, joint ventures, or collaborations. However, sometimes these initially legitimate discussions...

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