Company Contracting Pitfalls and Issues 2025 - On Demand

Package includes:

On Demand Module  |  Electronic booklet  |  PowerPoint Presentation

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

Company contracting has a range of challenging aspects that can cause problems down the line, some of which have been the subject of recent case law. This module will provide a summary of the basics and go on to update you on current legal issues and developments in this complex area of law.

Topics covered will include:

• The application of agency law to company contracts
• The impact of s 18(1) of the Companies Act 1993 on the validity of company contracts
• Recent New Zealand and Australian case law relating to company contracting (including cases involving reliance by contracting third parties on Companies Office records such as records of directorships)
• Interested transactions and s 141 Companies Act 1993
• The impact of equity on corporate transactions, and in particular the remedy of equitable rescission of contracts.

Learning objectives

By completing this module you will:

• Reinforce your understanding of the principles of company contracting.
• Be familiar with recent case law and its implications.

Electronic paper 

Authors: James Cochrane, John Land
Published: 8 May 2025
Pages: 35

Introduction

This seminar will traverse the principles of agency law and company law relevant to the validity of a company contract.

It will also discuss the potential avoidance of company contracts under s 141 Companies Act 1993 (Companies Act) (in relation to contracts in which a director is interested) or pursuant to the equitable remedy of rescission (applicable to transactions entered into in breach of directors’ fiduciary duty).

PowerPoint Presentation

These are the slides included in the presentation.