ArticleNot for the faint hearted: 400 page draft Financial Markets Conduct BillDiscussion of Securities Law Review now in the final phases. New ZealandFinance and BankingChapman Tripp
ArticlePPSA priority set by date of registration, not perfectionThe Court of Appeal has reversed a High Court decision on a PPSA issue, described as being of "practical significance".New ZealandFinance and BankingChapman Tripp
ArticleLenders can use Property Law Act notices to call up a loanThe Court of Appeal has ruled that a lender can issue an acceleration notice without waiting for a PLA notice to expire.New ZealandFinance and BankingChapman Tripp
ArticleTighter trustee requirements – with more to comeBrief on new regulations and its effect on trustees of debt securities, KiwiSaver schemes and unit trusts. New ZealandFinance and BankingChapman Tripp
ArticleCompany creditors and claw-backThis article addresses what the claw-back regime for liquidators is, and how creditors can try and protect themselves.New ZealandInsolvency/Bankruptcy/Re-StructuringCavell Leitch
ArticleSettlement Systems, Futures, And Emissions Unit Bill Reported Back To The HouseThe Commerce Committee has recently reported back to the House on the Settlement Systems, Futures, and Emissions Unit Bill (Bill) which will provide an opt-in regulatory regime for the approval and oversight of designated settlement systems in New Zealand. New ZealandAntitrust/Competition LawDLA Piper Australia
ArticleRenew It Or Lose It – First PPSR Registrations Expire SoonDid you register a pre-existing security interest when the Personal Property Securities Act came into force in 2002? If you did, that registration will expire automatically without warning from the Registry at the end of its five year term on 1 May 2007 unless you renew it first.New ZealandCorporate/Commercial LawDLA Piper Australia
ArticleBorrowing against commercial property – an updateThe commercial property borrowing environment has not got any easier, but it is still possible to obtain finance.New ZealandFinance and BankingCavell Leitch
ArticleLIM and title reviews now effectively compulsory for ANZ customersDiscussion about new instructions to lawyers who are acting for customers borrowing from ANZ. New ZealandFinance and BankingCavell Leitch
ArticleLIM (Land Information Memorandum) and title reviews now effectively compulsory for ANZ customersLawyers are now obligated to review and report to the bank on the property's title (and sometimes also the LIM report).New ZealandFinance and BankingCavell Leitch
ArticleHigh Court clarifies PPSA priority race rulesPriority between competing security interests under the PPSA is assessed at the time those interests come into conflict.New ZealandFinance and BankingChapman Tripp
ArticleFurther decisions in Securities Law ReviewThe latest Cabinet decisions in the review of securities law are now out, including the proposed penalties regime. This Brief Counsel provides a user-friendly guide to the new proposals. New ZealandFinance and BankingChapman Tripp
ArticleClassification of creditors in Part 14 compromisesCreditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.New ZealandInsolvency/Bankruptcy/Re-StructuringChapman Tripp
ArticleContinuous disclosure and the obligation to be accurateDiscusses the role of the NZX as market regulator and listed company.New ZealandFinance and BankingChapman Tripp
ArticleCOVID-19: The Business Finance Guarantee SchemeLoan default risks are shared between the government and the bank, but businesses are still required to repay the loan.New ZealandFinance and BankingWynn Williams
ArticleListed issuers and the Financial Markets Conduct BillAn overview of the proposals affecting listed issuers and prospective issuers concerning the draft Financial Markets Conduct Bill. New ZealandFinance and BankingChapman Tripp
ArticleDoes Your Retention Of Title Clause Still Do What You Think It Does?Following changes brought into effect by the Personal Property Securities Act 1999 last year, you cannot rely solely on a retention of title clause to secure your interest in goods. New ZealandFinance and BankingWynn Williams
ArticleAssisting family members with a property purchaseParents or family members often assist prospective buyers just under a 10% or 20% deposit by lending them the money.New ZealandReal Estate and ConstructionWynn Williams
ArticleLien vs Security Interest - who wins?Personal Property Securities Act (NZ) may give common law or statutory liens special priority over secured creditors. New ZealandFinance and BankingChapman Tripp
ArticleCan a lender use a Property Law Act notice to call up a loan?The High Court has ruled that a lender cannot issue a notice to accelerate a loan before the expiry of a Property Law Act notice.New ZealandFinance and BankingChapman Tripp