Corporate / Commercial Archives - Page 2 of 2

COMPANY LAW – SIGNING UP AS A COMPANY PRIOR TO INCORPORATION

16 June 2017

On occasion, people sign documents in the name of or on behalf of a company that does not exist, but with the intent to form that company in the very near future. Do you think this plausible? The answer is yes. Are you thinking of signing a contract in the name of or on behalf...

Written by: Janine McTainsh

CONSTRUCTION CONTRACTS UPDATE – STAGE 3

10 April 2017

In 2015 an array of amendments was made to the Construction Contracts Act 2002 (CCA), to be implemented in three stages, namely on 1 December 2015, 1 September 2016, and 31 March 2017. Stage 3 amendments On 31 March 2017 the new retentions regime for constructions contracts came into force, which requires the payer to...

Written by: James Hakaria

MBIE WILL ENFORCE A MIGRANT EMPLOYMENT BAN ON EMPLOYERS WHO BREACH EMPLOYMENT STANDARDS

4 April 2017

From 1 April 2017, the Ministry of Business, Innovation and Employment (MBIE) will enforce stand down periods for employing migrants for any employer who incurs employment standards-related penalties. This new regime is designed to protect migrant workers from exploitation. This group of employees are more vulnerable than domestic workers who enjoy protection from the existing...

Written by: Michelle Urquhart

EMPLOYMENT LAW – ADDRESSING THE GENDER PAY GAP

24 March 2017

How do you address the gender pay gap? This is the question the Joint Working Group on Pay Equity Principles (the JWG) had to answer when it was established by the government in 2015. This group consists of government, employer and union representatives and was tasked with recommending equal pay principles for government consideration. The...

Written by: Shima Grice

PENALTY PAYMENTS UNDER CONTRACTS

15 February 2017

Anybody who enters into contracts as part of a construction contract will be familiar with the idea of "liquidated damages". These clauses outline the amount of money which is payable by a party who breaches the contract. The amount payable under a liquidated damages clause is meant to be a genuine pre-estimate of the damage...

Written by: Janine McTainsh

FMCA TRANSITION PERIOD ENDS

2 December 2016

As of yesterday, 1 December 2016, the 2 year transition period under the Financial Markets Conduct Act 2013 ("FMCA") officially came to an end. Now, all offers of financial products (such as shares) must be made under the FMCA and the Securities Act 1978 is put to bed. Gone are the days of lengthy Prospectus...

Written by: Janine McTainsh

STAY SHARP MID-WINTER EDITION

1 July 2016

Welcome to the mid-winter edition of Stay Sharp - although I'm told it is officially the warmest June in the region on record! Our team have been kept busy these last few months, and with the continued growth of our region we have been adding new team members, ensuring we continue to provide a first...

Written by: Janine McTainsh

DIRECTORS, ARE YOU INDEMNIFIED?

6 April 2016

The risk of legal liability that directors are exposed to is increasing, particularly with the introduction of new or amended legislation, such as the Health and Safety at Work Act 2015. For new and existing directors alike we suggest you: Ensure the company you are a director of has appropriate Directors and Officers Insurance in...

Written by: Janine McTainsh

DIRECTORS, CHIEF EXECUTIVES AND MANAGERS – HEALTH AND SAFETY IS YOUR RESPONSIBILITY

16 March 2016

On 4 April 2016 the Health and Safety at Work Act 2015 comes into force. This means that you only have a couple of weeks to ensure that your business complies with the new legal requirements. Will you be ready? Now is the time to address health and safety systems in your workplace. We can...

Written by: Shima Grice

GETTING IT SIGNED

28 January 2016

With the ever increasing use of technology the need to sign a document on paper is becoming more and more redundant. Under the Electronic Transactions Act 2002 ("the Act") certain paper-based legal requirements may be met by using electronic technology, in which the Act recognises that there is a functional equivalence between paper form and...

Written by: Janine McTainsh