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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $185 - Law Society members and Associate members
  • $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

As a result of their experience and acumen, lawyers are often seen as natural candidates for the appointment as a director or trustee. These roles are often thought of as opportunities but are coupled with risks. This module will provide practical advice aimed at helping ensure that you are aware of the factors to consider before accepting a position and the steps you can take to mitigate some of the challenges and risks in fulfilling these roles.

This module will include the following topics:

The role of the director:

  • Director’s duties and compliance requirements
  • Lawyer’s role as a director
  • Issues where a lawyer is both a director and the lawyer for the company
  • Directors and Officers (D&O) insurance cover.

The role of a trustee:

  • Duties of trustees and compliance requirements
  • Practical issues facing lawyers as trustees
  • Issues where a lawyer is both a trustee and the lawyer to the trustees of the trust
  • Corporate trustees
  • Personal liability of trustees.

Learning objectives

By completing this module you will have an enhanced understanding of:

  • The duties of directors and trustees.
  • The ways in which the responsibilities of directors and trustees differ from those of a lawyer.
  • Methods for managing any risks and any issues that arise when acting as a director or trustee.

Electronic paper 

Authors: Samira Boock, Silvia McPherson
Published: 25 July 2024
Pages: 35

Introduction

Companies and trusts in New Zealand are often governed by the same people who set them up and benefit from them. This is often in conjunction with a trusted adviser.

On many occasions, the trusted adviser referred to above is a lawyer. This is largely due to lawyers having good problem-solving and communication skills and being able to understand their client’s needs. However, often lawyers may not be in a position where they can (or should) take on a governance role.

Issues can also arise where the lawyer is conflicted by a long-standing relationship with the people who established the company or trust (whose interests may become misaligned with the next generation). In some cases the lawyer will not have the specialist skills needed to perform the role in an increasingly complex and regulated modern professional environment.

This paper provides lawyers with a high-level overview of the laws, rules and regulations that lawyers as directors or trustees need to be familiar with to ensure they have a clear understanding of their role and meet their duties and obligations.

PowerPoint Presentation

These are the slides included in the presentation.

BOOCK Samira MCPHERSON Silvia  
Samira Boock
Dentons
Auckland		 Silvia McPherson
Dentons
Auckland		  

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