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Trusts for Company and Commercial Lawyers 2017 - Online CPD

Trusts for Company and Commercial Lawyers 2017 - Online CPD
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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

In recent decades, the trust has become increasingly used as a structure through which commercial enterprise and risk-taking is undertaken. The law has not kept pace with these developments in many respects, which can make the job of a company or commercial lawyer much harder when that job involves trusts.

This webinar addresses the “good, the bad and the ugly” of trusts within a commercial context. Fundamental issues will be canvassed, principles emerging from case law and the impact of reform discussed.

Topics covered will include:
  • Consideration of the advantages and disadvantages of trusts compared with other arrangements
  • How the new Trusts Bill could affect your clients and your advice to them
  • Issues to be aware of when dealing with trusts including relevant provisions in trust deeds, best practice, documentation, trustees’ liability and indemnity, etc
  • An update on current case law including Clayton v Clayton.

Learning objectives

After completing this module you will be able to identify:

  • Relevant issues to consider in determining if a trust or some other vehicle is appropriate for a particular situation or transaction.
  • Issues that clients should be aware of when dealing with trusts.

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

Booklet

Authors: Stephen Law, Juliet Moses
Published: 5 May 2017
Pages: 65

Introduction

As well as top rugby players, sheep and DIYers, New Zealand is thought to have the most number of family trusts per capita of anywhere in the world. As such, they are an integral and very significant part of the fabric of our economy and society, let alone our legal industry.

Therefore, for any lawyer, it is imperative to have an understanding of the fundamentals of a family trust – what it is, settlors and beneficiaries and their rights, the duties and powers of a trustee and what can be expected of a standard trust deed.

It is also incumbent upon company and commercial lawyers to have an understanding of how their area of practice may be affected by trusts, and conversely the impact that their area of practice can have upon trusts. Traditionally, a trust has been considered to be a mechanism for the preservation and conservation of property for the benefit of the objects of the settlor’s bounty (the beneficiaries). However, in recent decades, the trust has become increasingly used as a structure through which commercial enterprise and risk-taking is undertaken. The law has not kept pace with these developments in many respects, which can make the job of a company or commercial lawyer much harder when that job involves trusts. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.
Number of Slides: 23

 
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