Monthly Archives: August 2017

The Corporate Veil

Section 15 of the Companies Act 1993 (“Act”) states that a company has a legal personality in its own right and is separate from its shareholders. This is a principle known as the Salomon principle, originating from the case of Salomon v A Salomon & Co Ltd. The Salomon principle provides that a company is

By |2022-01-10T13:29:12+13:00August 14th, 2017|

Reforms in Trust Law – what it means for your trust

Family trusts are a practical structure for holding assets, particularly in New Zealand where there are approximately 300,000 to 500,000 trusts operating today. Currently, the Trustee Act 1956 and the Perpetuities Act 1964 contain provisions which need to be read in conjunction with case law regarding their operation, and do not keep up with present-day

By |2022-01-10T13:28:38+13:00August 7th, 2017|

Why is competition law important? – NZME and Fairfax media merger case

Competition law promotes or seeks to maintain competition in marketplaces. It does this by restricting anti-competitive trade practices, mergers and business acquisitions, and economic regulation. The Ministry of Business, Innovation and Employment’s (“MBIE”) Report titled “Competition in New Zealand Industries: Measurement and Evidence” (the “Report”) submits that competition in the market can create a positive

By |2020-04-07T15:12:58+12:00August 7th, 2017|

Domestic Violence Victims Protection Bill

Domestic violence (“DV”) has proven to be a significant issue in New Zealand. For example in 2016, the New Zealand (“NZ”) Police investigated 118,910 incidents of family violence, that equates to approximately one DV incident every five minutes. The most recent parliamentary debate on the issue has resulted in The Domestic Violence – Victims’ Protection

By |2020-04-07T15:10:17+12:00August 7th, 2017|

The Corporate Veil

Section 15 of the Companies Act 1993 (“Act”) states that a company has a legal personality in its own right and is separate from its shareholders. This is a principle known as the Salomon principle, originating from the case of Salomon v A Salomon & Co Ltd. The Salomon principle provides that a company is

By |2020-04-07T15:02:47+12:00August 7th, 2017|

Cloud Storage

The idea of cloud storage has become more pertinent over recent years given the exponential advancement of technology. More businesses endeavour to have more ‘paper-less’ environments with the view to creating more efficient, not to mention tidier, storage systems. ‘Cloud storage’ or ‘cloud computing’ was defined by the United States Department of Commerce National Institute

By |2020-04-07T14:53:34+12:00August 7th, 2017|

Personal Lending Guarantees – Enforceability

A Guarantor is a person who gives a promise to repay the debt of a borrower. By agreeing to pay a debt the Guarantor has made a guarantee to the institution or person lending the funds (“lender”). Frequently when someone gives a guarantee they are also giving an indemnity. An indemnity is a contractual promise

By |2017-11-07T14:48:42+13:00August 7th, 2017|
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