Article
Conviction of Easy Rider owner provides timely reminder of director duties
This case illustrates the trend towards greater director liability in companies involved in health and safety breaches.
Duncan Cotterill
- Article
Directors and personal guarantees – managing personal exposure
Tips to directors on managing risks associated with providing a personal guarantee in connection with company activities. .Cavell Leitch - Article
Supreme Court Mainzeal decision: Lessons for directors' duties
Recent judgment reaffirms what a director should do when faced with a company in difficult circumstances.Cavell Leitch - Article
To govern or not to govern – why is it important? - the role of corporate governance
Many directors and business owners see corporate governance as secondary to the day to day operations of the company.Duncan Cotterill - Article
A director's dilemma: to guarantee, or not to guarantee?
A personal commitment to ensure the satisfaction of the company's obligations, often including repayment of the company's debts.
Wynn Williams - Article
Under what circumstances should you form a trust?
Some of the common purposes of a trust, and the structures which can be utilised, will be discussed in this article.Duncan Cotterill - Article
Holding company responsible for liabilities of subsidiary
Directors and boards should be actively turning their minds to the implications of this decision to pool the companies.Duncan Cotterill - Article
The agri-sector is moving with the times
Farming has been around as long as humans have, and to survive, it has learnt to be one of the most agile professions.Wynn Williams - Article
Director ID numbers may be a good idea, if personal safety is protected
A personalised DIN could be useful, as long as directors can choose not to have their residential address made public.Chapman Tripp - Article
More activist shareholders, more director accountability identified as Corpoate Governance trends
This report includes details such as statistics on board composition, size, frequency of meetings and length of service.Chapman Tripp - Article
High Court defines what it means to live in New Zealand
Residency test is broader and encompasses factors such as ties to New Zealand and the regularity of times spent there.Chapman Tripp - Article
NZX Diversity Rule - could have been stronger but may still do the job
NZX has decided against compulsion, to provide members with flexibility and because of the potential compliance costs.Chapman Tripp - Article
Steigrad case – the Australians agree
Directors and insurers can take heart from an Australian judgment that defence costs can be paid out of D&O policies.Chapman Tripp - Article
COVID-19 - Further proposals to support businesses
These proposals will increase certainty, assist company directors, and cushion the economic impact for jobs and incomes.Cavell Leitch - Article
Disclosure – a key performance and risk area for boards
The quality of disclosure is improving but has a way to go, despite a recent reminder about costs of getting it wrong.Chapman Tripp - Article
Guidance on the role of the listed company director
The NZ Corporate Governance Forum issued detailed guidance on the role and responsibilities of listed company directors.Chapman Tripp - Article
Mainzeal: Aftermath and lessons for directors in NZ
Unpacks the Mainzeal case & highlights key lessons for company directors.LegalVision - Article
The Health and Safety at Work Act - Prosecution of directors and officers
A director, partner or officer can be charged independently of the person conducting a business or undertaking (PCBU).Duncan Cotterill - Article
Directors and officers (D&O) insurance and criminal conduct
One of the main benefits of D&O insurance is the cover for defence costs in civil, criminal and regulatory proceedings.Duncan Cotterill - Article
Retentions in the construction industry – more problems and a possible fix?
The retentions regime in the Construction Contracts Act is a problem area, with varied compliance but proposed reforms.Wynn Williams
