Voidable transactions (or claw backs by liquidators)

Vigorously pursuing slow paying debtors does improve prospects of receiving payment. It follows that a creditor that puts the most pressure on a debtor will most likely receive payment before other creditors. When dealing with a company that is insolvent, and receiving payment for overdue accounts from a debtor that subsequently goes into liquidation, a…

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Don’t Take the Bait – Advertising and the Fair Trading Act

It is common practice to advertise goods or services at a low price and/or with a stated discount. Often this will be reinforced by noting the goods or services are “limited stock” or “while stocks last”.  Such statements in advertising are a useful marketing tool because they can create urgency for the consumer. However suppliers…

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Employee Share Schemes

The proposition is straightforward – allocate some shares to employees so that their interests become aligned with that of investors. Employees get a right to share in the profits of the company and the company gets motivated employees with pride of ownership who stick around.

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90 Day Trial Period Amendment

The Employment Relations Amendment Act 2018 (“Amendment Act”) was passed into law on 5 December 2018. The Amendment Act makes many changes to the existing Employment Relations Act 2000 (“Act”) regarding employees’ rights in the workplace and collective bargaining rights.

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What’s in a name?

We can spend an age designing and choosing the names, colours, symbols and other marks of our businesses. After all that thought, planning and creativity it should follow that the final step we take is to do whatever is needed to protect those marks. One such step is to register your trade mark, and its unexpectedly easy.

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PREPARING TO SELL AN FMCG BUSINESS

The FMCG businesses we deal with when assisting with the sales process are usually a dairy, superette, or supermarket. Often a lawyer gets involved at the time the purchaser is doing their due diligence on a business. That is when an FMCG business is subject to scrutiny by the lawyer or accountant for a purchaser. Being prepared well before selling makes the sale process smoother, and maximises the sale price.

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LANDLORD CONSENT

An important process that often accompanies a sale of a business is landlord consent to the assignment of lease. Often it is taken as a given that the landlord will consent without much thought. But what are the parties’ rights and obligations when a landlord does in fact withhold consent?

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NEW IMMIGRATION RULES

On 19 April 2017 the Immigration Minister announced changes to the immigration rules. These changes relate to the skilled migrant category where people wanting to work and live in New Zealand must garner sufficient points to meet a qualification threshold. They take effect from 14 August 2017.

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EPOA

When do I need Enduring Powers of Attorney?
When a person loses the capacity to make decisions for themselves in respect of their property and their own care, there can be serious complications if they have not already set a plan in place to ….

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Health and Safety at work

What’s in a domain name?
Your business’ online presence is becoming increasingly important. But it’s also becoming more vulnerable. This article talks about the ways you can protect your business’ name and reputation online. Most important of all is your domain name – the “www.” address customers type or click on to go to your website.
First how your business might be vulnerable.

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ANTI-SPAM LAW

With the constant development of technology, electronic advertising has emerged as powerful advertising platform. As electronic devices become more and more accessible to the public, businesses have gained a larger target audience

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Comparative Advertising

Comparative advertising is where goods and services are promoted by comparing them to a competing product or service. This is an acceptable method of advertising, however, there are…

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