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...
Legal Issues for Service Providers
I am often asked by service providers whether they may limit their liability in their commercial contracts. The answer is yes (with the exception of liability under the Consumer Guarantees Act and the Fair Trading Act)...
Current Legal Issues for Suppliers
Who has liability under the CGA and what for? Liability under the CGA may be wider than you think...
Current Legal Issues in Finance/Investment Sector
Transferring employees is key on any business sale. How do you deal with them in the sale and purchase agreement (SPA)?
Fast Track: Current Legal Issues Finance Investment Sector (2) - 16 July 2018
Current Legal Issues in Finance/Investment Sector
Fast Track: Current Legal issues for Suppliers (2) - 13 July 2018
Current Legal Issues for Suppliers
June 2018 - Tax Edition
The anti ‘base erosion and profit shift’ (otherwise known as BEPS) measures are soon to be implemented; officials are committed to introducing these measures into law by 1 July 2018, their target date...
Fast Track: Getting your Contract Right (1) - 12 June 2018
Legal Issues for Service Providers
Fast Track: Finance Investment Sector (1) - 12 June 2018
Current legal issues in Finance/Investment Sector
Fast Track: Current Legal Issues for Suppliers (1) - 12 June 2018
Current Legal Issues for Suppliers
March 2018 – Tax Edition
The Brightline test for residential property is to be extended from 2 to 5 years from later this month. The current 2 year period was criticised from inception as potentially too short and relatively easy to work around. With the extension, the ability to work the system, by sitting out the 2 year period will have gone.
March 2018 - Commercial Edition
A key component of the anti-money laundering rules is monitoring of financial services providers by regulators. Inherent in this is the requirement for financial services providers to register under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
November 2017 - Tax Edition
Relief from tax penalties accompanies making voluntary disclosure. In most cases, making voluntary disclosure is both a sensible and a pragmatic solution to managing tax errors...
November 2017 - Commercial Edition
It is standard for a sale and purchase agreement (whether it be for shares or assets) to be subject to conditions. The most common of these are due diligence and shareholder (or third party) consents...
August 2017 – Commercial Edition...
Redeemable Preference Shares…
Shareholder Loans…
Subscription Agreements…
Eligible Investors…
Acquisitions: Warranty Thresholds and Knowledge Qualifiers…
August 2017 - Tax Edition…
Multilateral Conventions…
Timing of Associated Persons Test…
Taxation of Trusts…
Limited Partnerships as Hybrids…
Partnerships: Asset Contributions…
Tainted Capital Gains...
There is an expectation that proceeds from the sale of capital assets are tax free...