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18ELDTWE

Lawyer as Director or Trustee - Online CPD

NZ $179.00
incl GST
Ian Haynes 2017 Tim MacAvoy 2017
Ian Haynes
Kensington Swan
Auckland
Tim MacAvoy
Kensington Swan
Auckland

Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - 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.

Online CPD Module

Presentation time: 90 minutes

As a result of their experience and acumen, lawyers are often seen as natural candidates for appointment as a director or trustee. However, although these roles are good professional opportunities they may also pose risks. It is vital that lawyers acting in or anticipating appointment to a position as a director or trustee are clear about the merits and challenges of the roles.

This module will provide practical advice aimed at helping ensure that you are aware of the factors to consider before accepting a position, and steps that you can take to mitigate some of the challenges and risks in fulfilling these duties.

Topics covered will include:

As a director:

  • Director’s duties and compliance
  • Lawyer’s role as a director
  • Issues where a director is the company’s lawyer
  • Directors and Officers (D&O) insurance cover
  • Legal professional privilege
  • Corporate lawyers and directorships.

As a trustee:

  • Duties of trustees
  • Legal compliance
  • Corporate trustees
  • Practical issues facing lawyers as trustees.

Please contact us if you use a dial up internet connection.

Learning objectives

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

  • The duties of directors and trustees.
  • Ways in which the responsibilities of directors and trustees differ from those of a lawyer.
  • Methods for managing any risks and issues that arise.

Electronic Booklet

Authors: Authors: Ian Haynes, Tim MacAvoy
Published: 3 May 2017
Pages: 39
Electronic booklet can be downloaded from My CPD > My Online CPD after purchase.

Introduction

There is no introduction for this publication.
 

Contents outline

Download full contents page

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

PowerPoint Presentation

These are the slides included in the presentation.

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