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CLU98

Living with the Companies Act 5 years on

NZ $35.00
Publications
Author(s): Paul Foley, Mark Russell, Alastair Hercus, Brigid McArthur
Published: Monday, 2 November, 1998
Pages: 104



Introduction


Such has been the importance to practitioners of the company law reforms which were brought into effect in 1994 that the New Zealand Law Society organised a series of travelling seminars, from the pre-implementation period of the reforms, through to the immediate post-reform period. Not surprisingly, these seminars were very well supported.

A further period has now elapsed, during which most practitioners have traversed the settling down period with the new laws, and have now become accustomed to dealing with them on a daily basis. Most practitioners will be aware of difficulties, or traps, in implementation of the companies legislation in a number of areas.

There is also a continuing stream of new developments. There have been a number of (largely fine tuning) legislative amendments, and a large volume of developing case law.
Practitioners need to keep abreast of all of these changes because, whilst we are dealing with a highly technical and often specialised area of the law, it is nevertheless an area with which most practitioners have to be topically familiar.

It is hoped that the list of topics covered by this booklet are truly representative of what most practitioners would consider to be relevant to them in their daily practice. In addition, at the seminar presentations the presenters will welcome questions on, and a free-ranging discussion of, any other problems which practitioners are encountering in practice, and we hope that we can come up with at least some of the answers.

The booklet covers:
  • recent legislative changes and the rationale behind them (Paul Foley)
  • recent important court decisions (Paul Foley)
  • various issues concerning directors and their duties (Mark Russell,
  • Brigid McArthur and Paul Foley)
  • insolvency-related issues for general practitioners (Mark Russell)
  • minority shareholder issues (Alastair Hercus)
  • commonly encountered compliance issues for closely-held companies, including dividends, share issues, share buy-backs, directors’ share dealings and major transaction issues (Brigid McArthur)




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