Buying a business out of receivership involves vastly different features to customary business purchases. This article discusses the issues for a purchaser that are unique to a target company that is in receivership…
Protections for Owner Operated Companies
There are steps open to you as owner of a trading company to protect your investment in the company…
Capital Raising Steps
Capital raising for privately owned companies necessarily carries a tension between the amount of cash needed and the cost of obtaining it. The greater the equity in the company that is conceded, the greater the cost…
Supplying a Company that is in Receivership
What should you do, as a supplier of goods or services where your customer is placed into receivership? How does the receivership affect a landlord which has granted a lease to a company that has gone into receivership…
Strategies for Companies in Insolvency
The need to deal with creditors
The number one priority for companies with viable businesses that are unable to meet their debts is to deal with their creditors…
Issue 35 - Newsletter - 6 March 2020
A raft of tax proposals herald the new decade, including rules to allocate the proceeds received upon sale of a business across the transferred assets…
December 2019 – Commercial and Tax Edition
Welcome to our final newsletter for 2019. In between distractions of school prize givings, end of year work functions and vexatious litigation (timed to create maximum impact), I trust you find the articles below of interest…
Trusts: The Danger of Accumulating Income
Tax planning for a trust will have failed where the trust has become a non-complying trust (NCT). That is because distributions from a NCT are taxed at 45% in the hands of a beneficiary unless an exception applies...
September 2019 – Commercial Edition
Companies commonly collapse leaving behind hundreds of thousands of dollars (or millions in some cases) owed to creditors yet they manage to rise from the ashes and trade on in a new company with a clean slate...
September 2019 – Tax Edition
Hybrid mismatch rules were introduced last year and will apply to many cross border financing arrangements...
March 2019 – Tax Edition
Eric Watson's Cullen Investment case and Frucor's tax avoidance case are profoundly interesting in their own right...
March 2019 – Commercial Edition
Last week's $36m damages award against the directors of failed Mainzeal Construction, including Dame Jenny Shipley, offers many lessons...
December 2018 – Tax Edition
Welcome to our final tax newsletter for 2018. Some of you may know that I have assisted the Law Society with submissions to the Tax Working Group (TWG)...
Fast Track: Getting your Contract Right (4) - 22 November 2018
Legal Issues for Suppliers/Service Providers
Fast Track: Finance Investment Sector (4) - 21 November 2018
Current Legal Issues in Finance/Investment Sector
Overseas Investment in Residential Land
From 22 October 2018, overseas persons will be unable to acquire residential land in New Zealand except with consent of the Overseas Investment Office (OIO). Consent of the OIO is already required for some acquisitions of New Zealand assets by overseas persons...
Legal Issues for Service Providers
Reckless trading is the term afforded to directors' responsibility in trading while insolvent. This is a nightmare area for directors as their decisions are always viewed with the benefit of hindsight and it is often the case that hindsight will reveal insolvency and business risks which might not have been apparent at the time...
Current Legal Issues for Suppliers
The computer chain PB Technologies is the latest to have fallen foul of misrepresentation claims and bait advertising...
Current Legal Issues in Finance/Investment Sector
Reckless trading is the term afforded to directors' responsibility in trading while insolvent. This is a nightmare area for directors as their decisions are always viewed with the benefit of hindsight and it is often the case that hindsight will reveal insolvency and business risks which might not have been apparent at the time...
Tax Working Group (TWG) – Preliminary Report…
The TWG appointed by the Government primarily to assess whether or not New Zealand should introduce a capital gains tax appears to be unconvinced as to its merits. This newsletter summarises key findings in the TWG's preliminary report...