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  • Article

    Court to directors – every minute matters

    Once signed off by directors, minutes are treated as an accurate record unless there is persuasive evidence otherwise.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    "Landmark" Australian case finds the buck stops with the Board

    Discussion on recent Australian case on directors' duties and its implications in New Zealand
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    "Literally insane"? Maybe not. Ill-advised? Definitely

The intention to criminalise breaches of directors' duties in a NZ amendment Bill has been called "literally insane".
New ZealandCorporate/Commercial Law
Chapman Tripp
Chapman Tripp
  • Article

    NZ to impose 20:20 hindsight test on directors

    Loading criminal liability onto directors may set up a conflict between the interests of the director and the company.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    The Feltex Decision and its Import for Other Directors

    Judge Jan Doogue’s vigorous defence of a director’s right to rely on specialist advice in MED v Feeney and Ors has drawn sharply different responses with some seeing it as a source of comfort for directors and others as a source of concern. This Brief Counsel summarises the key points of the decision, samples some of the reactions it has provoked and gives Chapman Tripp’s assessment of the decision’s broader significance.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    When is a director personally responsible for company actions in NZ?

    Explores legal risks and situations when a company director may be personally liable for the company's actions.
    New ZealandCorporate/Commercial Law
    LegalVision
    LegalVision
  • Article

    Directors Duties in New Zealand

    If you are considering directorship of a company in NZ, ensure that you understand what your director duties are.
    New ZealandCorporate/Commercial Law
    LegalVision
    LegalVision
  • Article

    Directors duties in New Zealand

    If you are considering directorship of a company in New Zealand, you must understand what your director duties are.
    New ZealandCorporate/Commercial Law
    LegalVision
    LegalVision
  • Article

    Limited liability - "the greatest single invention of modern times"

    This article is a refresher on the concept of limited liability and why it is important to the New Zealand economy.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    The Lombard case – more lessons for directors

    The case relates to alleged breaches of the Securities Act 1978 by the directors of Lombard Finance & Investments Limited.
    New ZealandCorporate/Commercial Law
    Hesketh Henry
    Hesketh Henry
  • Article

    Timely reminder of the duties of a director

    When a director considers a related-party transaction involving the company, such a transaction must be for "fair value".
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    Working With Voluntary Administration

    Administrators can be appointed by the directors of the company, the court or a secured creditor. But can a liquidator appoint himself or herself as administrator of the same company?
    New ZealandCorporate/Commercial Law
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Mainzeal judgment highlights directors personal liability in insolvency

    The risk for Mainzeal directors is that the Court of Appeal may decide they are personally liable for over $36 million.
    New ZealandInsolvency/Bankruptcy/Re-Structuring
    Cavell Leitch
    Cavell Leitch
  • Article

    Directors' remuneration post-insolvency

    The directors did not need to consider the creditors' interests when determining the fairness of their own remuneration.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    The essendon syndrome, social proof and obedience to authority – behavioural characteristics that affect many sport boards

    Discussion of factors that lead to doping scandals and steps to prevent them including selection of appropriate directors. .
    New ZealandCorporate/Commercial Law
    Gryphon Management Consultants
    Gryphon Management Consultants
  • Article

    Commercial landlords beware – know your obligations under the Health and Safety at Work Act!

    The Act creates new classes of duty holder - PCBUs - with new obligations and increased penalties for non-compliance.
    New ZealandReal Estate and Construction
    Cavell Leitch
    Cavell Leitch
  • Article

    Long journey but okay result on vexed directors' crimes issue

    A workable solution to the vexed directors' crimes provisions in the recently passed Companies Amendment Act.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    Is a company director an employee or a contractor?

    Explores the legal differences between a company director who is an employee versus a contractor in New Zealand.
    New ZealandEmployment and HR
    LegalVision
    LegalVision
  • Article

    Feltex Decision Will Provide Comfort To The Diligent Director

    The emphatic rejection by the District Court of all charges against the "Feltex Five" is a useful reminder of the protections the law offers directors provided they have been diligent in the discharge of their duties.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    The impact of COVID-19 on cashflow and solvency

    The spread of COVID-19 and government measures in response means an economic downturn and increasing business failures.
    New ZealandInsolvency/Bankruptcy/Re-Structuring
    Wynn Williams
    Wynn Williams
  • Showing 81–100 of 117 results

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