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Lawyer as Director or Trustee

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Ian Haynes 2017 Tim MacAvoy 2017
Ian Haynes
Kensington Swan
Tim MacAvoy
Kensington Swan

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


There is no introduction for this publication.

Contents outline

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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


  • 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)
  • Erceg V Erceg And The Draft Trusts Bill
  • Corporate Trustees
  • Professional Indemnity Insurance

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