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CLU00

Company Law Update

NZ $35.00
incl GST
Author(s): Julie Crengle, Mark Russell, Geof Shirtcliffe
Published: 9 May, 2000
Pages: 69


Introduction


The 1998 New Zealand Law Society seminar entitled “Living With the Companies Act 5 Years On” covered a number of areas of company law where there had been legislative amendments and case law developments; the focus was also on areas of continuing difficulty and uncertainty with the provisions of the Companies Act 1993. The seminar booklet made the point that company law is an area of continuing practical importance to most practitioners. Whilst the stream of legislative amendments has dried up somewhat (although not entirely), there are particular topics within the realm of company law for which continuing developments justify regular revision for practitioners, and hence the need for another in the series of regular updates.

In this booklet, as well as dealing with developments, we have sought to include areas of continuing practical application (and possible difficulty).

Therefore, this booklet covers:
  • company directors - recent case developments on particular areas of interest in respect of directors’ liabilities;
  • constitutions - a practical treatment of why it is necessary to have a specially drafted constitution and the inter-relationship between constitutions and shareholders’ agreements;
  • a review of the New Zealand Stock Exchange’s New Capital Market scheme;
  • deadlock resolution mechanisms - a practical treatment of mechanisms which can be inserted in constitutions or shareholders’ agreements to assist in resolving shareholder disputes;
  • major transactions - continuing areas of difficulty and case law developments;
  • company liquidations - an update of case law developments in the commonly encountered areas of statutory demands and voidable transactions;
  • insolvent trading - a review of the position of directors of insolvent companies and legal issues arising from attempted restructuring of insolvent companies.
We have also included two case studies in which we draw out some of the main issues covered in the seminar.

As presenters we trust these materials will be of practical value.

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