ArticleHow should I divide profits and losses among partners in a NZ business?A comprehensive, written partnership agreement should include a clear profit & loss distribution method to avoid dispute.New ZealandCorporate/Commercial LawLegalVision
ArticleThe wisdom of mass destruction of board papersThe arguments for and against a destruction policy for company board papers are both finely balanced.New ZealandCorporate/Commercial LawChapman Tripp
ArticleEnforceability Of Guarantees – When A Signature Is Not EnoughThe recent Court of Appeal decision in Vuletic v Contributory Mortgage Nominees Limited highlights the need for clarity in documentation intending to bind a guarantor. New ZealandCorporate/Commercial LawDLA Piper Australia
ArticleChanges to consumer credit legislation in New ZealandThis act introduces some significant changes which will affect all lenders providing consumer credit in New Zealand.New ZealandConsumer ProtectionDuncan Cotterill
ArticleConviction provides timely reminder of director dutiesWhen eight people died when the vessel sank, the sole director of the company which owned the vessel was convicted.New ZealandCorporate/Commercial LawDuncan Cotterill
ArticleCOVID-19 - Further government proposals to support businessesThese proposals aim to increase certainty, provide assistance to company directors, and further protect jobs and income.New ZealandCorporate/Commercial LawCavell Leitch
ArticleThe importance of being frank (with the board)The New South Wales Appeal Court recently upheld penalties for breach of directors’ duties against two former executives of James Hardie Industries Limited (JHIL). Although, unlike Australia, New Zealand law does not expressly impose directors’ duties on company "officers", it would be a mistake to think that the judgment is therefore not relevant to New Zealand. New ZealandCorporate/Commercial LawChapman Tripp
ArticleWhat should board resolutions cover in New Zealand?A board or directors' resolution is a formal decision passed and signed off by the directors of a company.New ZealandCorporate/Commercial LawLegalVision
ArticleCOVID-19: Safe harbour from insolvent trading – what does this mean for directors?The safe harbour from insolvent trading will provide welcome relief to directors who face significant liquidity issues.New ZealandInsolvency/Bankruptcy/Re-StructuringWynn Williams
ArticleDuties of a non-executive director in New ZealandOutlines what a non-executive director is & the legal duties they must comply with.New ZealandCorporate/Commercial LawLegalVision
ArticleDebt recovery 101The start of a new calendar year is as good of a time as any to undertake a debt recovery health check for your business.New ZealandCorporate/Commercial LawCavell Leitch
ArticleDirectors in breach not always liableEven if a director is found in breach of duty, a Court will still address factors of causation, culpability and fairness.New ZealandCorporate/Commercial LawChapman Tripp
ArticleNew residency and information requirements for directorsSome companies need to change the composition of their board and provide additional information to the Companies Office.New ZealandCorporate/Commercial LawChapman Tripp
ArticleNew Zealand Exchange Announces Changes To Climate/ESG-Related Governance RequirementsEffective April 1, 2023, the New Zealand Exchange (NZX) has updated the NZX Corporate Governance Code (Code) and the NZX ESG Guidance Note (ESG Note). There are eight principles...New ZealandCorporate/Commercial LawHogan Lovells Cadwalader
ArticleSupreme Court clarifies solvency testThe ability of a company to pay its due debts is to be assessed objectively, taking a "practical business perspective". New ZealandInsolvency/Bankruptcy/Re-StructuringChapman Tripp
ArticleCOVID-19 Pandemic: New Zealand To Introduce Temporary Safe Harbour And Business Debt Hibernation Laws For Directors And CompaniesThe economic impact of the COVID-19 pandemic has required governments around the world to provide temporary relief to companies and directors experiencing distress as a consequence of the pandemic.New ZealandCorporate/Commercial LawJones Day
ArticleDirectors liability in the spotlightThe High Court sent a strong message to directors against the dangers of companies continuing to trade whilst insolvent.New ZealandCriminal LawWynn Williams
ArticleHealth and safety guide produced for directorsThis new set of good governance guidelines aims to promote a better workplace health and safety culture in New Zealand.New ZealandEmployment and HRChapman Tripp
ArticleAppeal court keeps parent company on the hookDirectors must maintain a subsidiary's independence to protect the parent against liability for the subsidiary's debts.New ZealandCorporate/Commercial LawChapman Tripp
ArticleAcross the ditch – Resignations from director/officer roles in response to new WHS lawsNZ has adopted Australian model work health and safety laws, with changes, and the response of business is important.New ZealandEmployment and HRCorrs Chambers Westgarth