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Fine Print

Published three times a year. Fineprint is NZ LAW's flagship publication with wide-ranging articles.

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Commercial eSpeaking

Covering in-depth business law issues, this newsletter is distributed three times a year to member firms' commercial clients.

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Trust eSpeaking

Published two times a year. Covers stories of interest to trustees and professionals advising on asset protection and trusts.

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Property Speaking

Published three times a year. Keeping property investors and owners abreast of current property issues.

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Rural eSpeaking

Covers stories of interest to farmers and those working in the rural sector, in matters relating to New Zealand's heartland.

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If you would to talk with a lawyer on any of the topics covered in any five of our client newsletters.

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Articles

Published 24th March 2020 by Margaret Matthew, Rennie Cox

Company structure or sole trader for business?
You have decided to quit your job, and go out on your own to run your own business. Do you form a company or trade in your own name? We outline some of the pros and cons of these two options to help you make a decision.

Published 24th January 2020 by Rebecca Nilsen, Cruickshank Pryde

Rewarding value and increasing engagement
Bringing a key employee or a family member into your business by offering them a shareholding can be a powerful motivator and a significant indicator of how much you value their contributions to your success. However, the process should be done carefully with a robust shareholders’ agreement and company constitution, as there are many facets of the company-shareholder relationship that must be agreed upon to ensure a harmonious future between yourself and the new shareholders.

Published 24th January 2020 by Rebecca Nilsen, Cruickshank Pryde

Consultation is key
New year, new you – new business structure? Restructuring is common in the new year when business owners feel refreshed and ready to take on the next challenge. The process however, is often shrouded in uncertainty (and stress) for employees.

Following the correct procedure for a restructure will allow your employees time to feel heard and to ensure decisions are made in good faith. They need to know your plans so they can ask the right questions and get the required support during a restructuring process.

Published 5th November 2019 by Andrew Bright, RMY Legal

Before you sign the lease
Commercial leases come in varying shapes and sizes. Whether you operate a transport business and need a place to park your trucks, manufacture and sell goods from a warehouse or conduct your trade from a boutique store in the heart of the CBD, your lease agreement will be at the heart of your business.

Before you sign a lease, there are a number of core issues to consider. It is important to do your homework and talk with us before you commit to anything.

Published 11th September 2019 by Car San Diego, Rejthar Stuart Law

Have an expertly-drafted agreement
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer. A restraint provision in an employment context is designed to protect the employer’s business interests when key employees leave. There’s a general perception that these clauses are difficult to enforce, so why bother?

Published 11th September 2019 by Tanya Surrey, Mactodd

How the clean slate legislation works
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging. Today’s employers go through a rigorous process when recruiting; most believe it’s better to put time into getting the right person than to have to deal with the consequences if things don’t work out.

One aspect of all staff recruitment is background checks on applicants. This is more important in some roles than others.

Published 31st July 2019 by Andrew Bright, RMY Legal

Steps to take for a successful project
Subdivisions are more common than you think. A subdivision can range from the carving up of hundreds of acres of rural land for housing, developing land in a prime commercial area, selling half your quarter-acre section or simply wanting to extend your boundary a few metres. Whatever the scale of your subdivision, there is a common thread of stages to be ticked off – we explain below.

Published 23rd July 2019 by Kirsten Patterson, CEO, Institute Directors

The damage from governance failure can be profound, and can attract significant unwelcome media and public scrutiny. Focusing on the learnings from these cases is how we can get some real benefit and continuous improvement in corporate governance.

He tāngata – it is the people
Governance is, above all, about people. It’s a team game and, like any team, the board’s composition, and its culture and dynamic, are all critical to its effectiveness. 

Published 23rd July 2019 by Angela Stafford, Wain & Naysmith

Risk of hefty penalties if you don’t
There are plenty of war stories about recordkeeping blunders. Think of offices crammed with paper, ‘lost’ documents, fireplace filing systems and online voids.

Section 194(1) of the Companies Act 1993 requires boards to keep correct accounting records. Records are supposed to ‘speak for themselves’ and allow the company’s financial position to be determined at any time with reasonable accuracy. Failure to keep proper records can badly hurt your business.

Published 6th June 2019 by Rebecca Nilsen, Cruickshank Pryde

Can be a real risk for business
When the Personal Property Securities Register (the PPSR) was established in 1999, most businesses were quick to catch on that it was a good idea to register security over goods that were sold under a line of credit. What wasn’t so easily recognised is that the register was designed to also capture leases of goods that are indefinite or extend past one year.