Authors: Authors: Ian Haynes, Tim MacAvoy
Published: 18 May 2017
Pages: 39

Foreword

There is no introduction for this publication.

Contents outline

Lawyer Directors

• Company’s Standing
• Directors’ Duties
• Role Of Lawyer/Director – Professional Privilege
• Solvency Test And Certificates Of Solvency
• Issues Where A Lawyer Is Both A Director And Lawyer For A Company
• Pi Insurance Cover
• Corporate Lawyers
• Policy Concerning Directorships

Schedule

• Section 131: Duty To Act In Good Faith And In The Best Interests Of The Company
• Section 133: Duty To Act For Proper Purpose
• Section 135: Reckless Trading
• Section 136: Insolvent Trading
• Section 137: Director’s Duty Of Care
• Section 140: Duty Of Disclosure
• Section 145: Use Of Company Information
• Duties Under The Financial Markets Conduct Act 2013
• Section 484 – Civil Liability
• Criminal Liability

Lawyer Trustees

• Duties Of Trustees
• The Duty Not To Allow A Conflict Between Interest And Duty
• The Duty To Avoid Conflict Of Duty And Duty
• The Exceptions
• Case Study – Dual Trustees
• Are You Acting As Lawyer Or Executor/Trustee?
• Legal Compliance
• Section Hc 2(2) Income Tax Act 2007
• Section 57(3b) Goods And Services Tax Act 1985 (Gst Act)
• FATCA/CRS
• Erceg V Erceg And The Draft Trusts Bill
• Corporate Trustees
• Professional Indemnity Insurance