Searching Content indexed under Corporate/Commercial Law by Duncan Cotterill ordered by Published Date Descending.
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A new Trusts Act for New Zealand
A new Trusts Act replaces the Trustee Act 1956 to make the law more accessible to trustees and beneficiaries of trusts.
New Zealand
26 Jul 2019
Under what circumstances should you form a trust?
Some of the common purposes of a trust, and the structures which can be utilised, will be discussed in this article.
New Zealand
22 Jun 2019
Update on the Trusts Bill
While not codifying trust law, the Trusts Bill will clarify the rights and obligations of everyone involved in a trust.
New Zealand
18 May 2019
Proposed changes to insurance contract law - what you need to know
MBIE has released an Options Paper, setting out options being considered for three key areas of insurance contract law.
New Zealand
18 May 2019
Penalty clauses in contracts: New Zealand adopts the disproportionality test
Contracting parties should be mindful of all their interests and avoid clauses which are punitive rather than protective.
New Zealand
17 May 2019
The business of charity
Submissions on possible reforms in the "Modernising the Charities Act 2005" discussion document close on 31 May 2019.
New Zealand
17 Apr 2019
Mainzeal directors liable for reckless trading - what could this mean for other directors?
This Mainzeal decision should be carefully considered by anyone currently holding or contemplating a directorship.
New Zealand
12 Apr 2019
Charities discussion document - top four risks for established charities
These issues may not be relevant for all charities, but they should be considerations for most established charities.
New Zealand
6 Apr 2019
The Mainzeal collapse and what could have been done differently
Article focuses on actions of directors, analysis of their actions in the context of their duties & their subsequent liability.
New Zealand
6 Mar 2019
IT outsourcing contracts – five tips for SMEs
Outsourcing has now become normal at all levels of the economy, but failures can hit small to medium enterprises hardest.
New Zealand
15 Jan 2019
Directors and officers (D&O) insurance and criminal conduct
One of the main benefits of D&O insurance is the cover for defence costs in civil, criminal and regulatory proceedings.
New Zealand
3 Sep 2018
To govern or not to govern – why is it important? - the role of corporate governance
Many directors and business owners see corporate governance as secondary to the day to day operations of the company.
New Zealand
11 Apr 2018
Trusts bill progressing in Parliament - a new disclosure regime
The bill will clarify and modernise the law, and place obligations on trustees to disclose information to beneficiaries.
New Zealand
7 Dec 2017
Contract and Commercial Law Act 2017- implications for insurers
All insurance policy documents should be reviewed and updated by 1 September 2017 to comply with the CCLA. with the CCLA.
New Zealand
31 Aug 2017
Contract and Commercial Law Act 2017
The Act comes into force on 1 September 2017, with an increasing shift towards user-friendly and modernised legislation.
New Zealand
15 Aug 2017
Court of Appeal decision confirms that direct payment agreements can provide protection from voidable transactions
A direct agreement empowers the financier to step in and complete the construction project if the developer defaults.
New Zealand
13 Aug 2017
Part 2 - Smart contracts, blockchain and distributed ledger technology: implications for business
We discuss some of the risks and challenges posed by smart contracts, blockchain and DLT.
New Zealand
23 Apr 2017
Construction contracts retentions - a new regime from 31 March 2017
This new retention scheme is designed to safeguard retention money in the event of insolvency of the holding party.
New Zealand
23 Mar 2017
Beneficiary access to trust information - the final word from the Supreme Court
Trustees are often confronted with requests for information from beneficiaries concerning the administration of a trust.
New Zealand
16 Mar 2017
Adjudication of disputes under the Construction Contracts Act 2002
The Act establishes a complete process for the adjudication of a dispute between the parties to a construction contract.
New Zealand
27 Feb 2017
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