Commercial Law - Caudwells Lawyers

Who we are
Services we provide
Japanese client legal services

News from us
How to contact us
Home | Search

 
Commercial Law

[Back to Services we provide menu]



Property

Are you interested in:

Buying Selling

Building Leasing

Commercial or Residential property?

There are often a wide range of issues to consider, and you need to ensure you get the best advice and assistance. Our Property and Commercial Teams have extensive experience in drafting and negotiating all types of property contracts, and can ensure your interests are well protected.

Make sure you get appropriate advice about:

  • property and title issues
  • mortgage finance and securities
  • negotiation
  • subdivisions
  • resource consents
  • district plan implications
  • the effect of GST & other forms of taxation
  • leasing contracts
  • rent to buy options
  • long term agreements for sale and purchase
  • cross lease and strata title developments
  • different forms of ownership
  • property sharing agreements
  • de facto property rights

Get quality advice and quality service at Caudwells by contacting:

In Dunedin:

Warwick Deuchrass Clare Malthus Clair Elder Doreen Evans Greg Fahey

In Christchurch:

Peter Richardson Roger Sandford Catherine O'Connell

[Top of Page]

 

The Companies Act 1993

The Companies Act 1993 is the primary piece of legislation affecting companies in New Zealand.

It provides a framework for the incorporation and operation of companies, helps to define relationships between companies and their directors and shareholders and creditors, introduces accountability measures aimed at avoiding management abuse, and deals with the realisation and distribution of the assets of insolvent companies.

Caudwells can provide advice and assistance to you on a wide range of company issues, within the confines of The Companies Act or in relation to specific corporate and company management issues. These include:

  • incorporation and registration of companies
  • use of company names
  • the company constitution, and whether a company needs one
  • the legal nature of shares and the rights and powers of shareholders
  • issue and transfer of shares
  • distributions to shareholders
  • the role of directors and their duties
  • actions against companies
  • financial reporting requirements
  • mergers, acquisitions, and corporate structuring
  • arrangements with creditors and insolvency
  • securities law

You need quality advice and you need comprehensive experience. The Commercial Team at Caudwells can offer you both.

Contact:

In Dunedin:

Warwick Deuchrass Clare Malthus Clair Elder Doreen Evans Greg Fahey

In Christchurch:

Peter Richardson Roger Sandford Catherine O'Connell

[Top of Page]

 

Business Sale & Purchase

There’s nothing like working for yourself and being your own boss - right? Well, that can often be the case, but there are so many pitfalls in this area it really pays to make sure you get the best advice first.

Drafting and negotiating contracts of this nature is one of the specialities of the Commercial Team at Caudwells. The contract creates the boundaries under which the parties complete their transaction, so the creation stage is critical. Experience is what counts, and we can help ensure that important opportunities are not overlooked.

There are many other factors, including advice on leasing, finance, trading information on the business and warranties on performance and turnover, stock and plant valuations, apportionment of goodwill, payment options, buying secured property, GST and other taxation implications, , risk and insurance, handing over possession and maintaining goodwill, and sometimes, what happens when the contract goes wrong.

Knowing where to go to get the best advice about valuation and accounting aspects of the sale is another important factor, not to be overlooked.

For practical good value advice, contact:

In Dunedin:

Warwick Deuchrass Clare Malthus Clair Elder Doreen Evans Greg Fahey

In Christchurch:

Peter Richardson Roger Sandford Catherine O'Connell

[Top of Page]

 

Mortgage Finance

Caudwells is part of the New Zealand wide LAW LEND network, which effectively allows us to provide you with a free mortgage brokering service.

We have relationships with most of the major financial institutions, and always have up to date information on the best deals around. We can arrange finance for you from your existing bank, or shop around for the finance package that suits you best. The arrangement of finance is of course always subject to normal lending criteria, and the specific lending policies of individual financial institutions.

It’s free - It’s easy - It’s a one-stop shop!

For practical good value advice, contact:

In Dunedin:

Warwick Deuchrass Clare Malthus Clair Elder Doreen Evans Greg Fahey

In Christchurch:

Peter Richardson Roger Sandford Catherine O'Connell

[Top of Page]

 

Corporate & Business Structures

Whether you are thinking of going into business, restructuring your existing business, or looking at taking an action against a business, it is important you understand the nature of the organisation you are dealing with.

There are a wide range of structures and business vehicles available, which may include:

  • a sole trader
  • a partnership
  • a company
  • a loss attributing qualifying company
  • a trust
  • a charitable trust
  • an incorporated society
  • an association

In very brief terms, we can highlight some of the key advantages of each of the above models in the following way. A sole trader is responsible only for his or her own actions and for smaller businesses allows simplicity; a partnership allows a number of like minded individuals to group together for business advantages; a company offers a separate legal entity and generally limited liability allowing business and personal assets to remain apart; a loss attributing qualifying company may allow certain taxations for eligible companies; a trust allows property to be held and managed by trustees on behalf of other beneficiaries; a charitable trust can be established for certain charitable purposes and may be able to obtain tax exempt status; incorporated societies are formed by groups of like minded individuals and are often used for volunteer, sporting, recreational or professional organisations; an association is an unincorporated group, that has no legal status of its own.

Different structures are appropriate for different circumstances, and it is important that current and future growth opportunities be carefully considered when business planning is undertaken. For more specific advice on these and other commercial issues, contact:

In Dunedin:

Warwick Deuchrass Clare Malthus Clair Elder Doreen Evans Greg Fahey

In Christchurch:

Peter Richardson Roger Sandford Catherine O'Connell

[Top of Page]

 

Commerce Act

As in most developed countries New Zealand has legislation designed to avoid creation of monopolies and to regulate any monopolies that exist as well as to ensure there is no abuse of dominant market positions.

The Commerce Act 1986 is a sophisticated piece of legislation and its implications are far reaching. Any discussions whatsoever between competitors concerning pricing can amount to an offence against the Act. Business people must be very wary of such discussions.

Any acquisition of business which results in the acquisition of a strong or dominant position on a market will attract the attention of the Commerce Commission and will have to be justified in economic terms before it will be allowed to proceed.

Any dominant operator that exists in the market must be wary of the way it exercises market power. It must not exercise that power in such a way as to prevent the entry of other players into that market.

This is a complex area and it is important that people in business are fully aware of its implications. For any further advice on this subject please see:

Contact:
Frazer Barton

[Top of Page]

 

Who we are
Services we provide
Japanese client legal services
News
How to contact us
Top | Home | Search

Copyright Information and Disclaimer