Commercial Law

Trade Better – What Mainzeal means for Directors

One of the major risks of being a director is the liability you face if the company fails. Thanks to a new decision from the High Court, this risk has just become a lot higher. When a company fails, directors often face a risk that they will be sued for having breached their director duties. …

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Alarm Bells are ringing for Sleeping Directors

Alarm Bells are Ringing for Sleeping Directors It has long been commonplace in New Zealand for owners of small businesses to have their husbands, wives or de facto partners registered as directors. Often this appointment is a mere gesture, with the spouse/partner director having little to no involvement in the business. However, these so-called “sleeping …

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Risks of Small Companies Operating a Current Account

Many small companies – especially family-owned or “owner/operator” businesses – have the same directors and shareholders. In these companies, it is common practice for shareholders to have a “shareholder current account”, also referred to as “drawings”. The current account is a debt that can be claimed by the Company against the shareholders. While most shareholders …

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