Statutory Obligations Of Companies And Their Directors Under The Companies Act 1993
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Statutory Obligations Of Companies And Their Directors Under The Companies Act 1993
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Author : New Zealand. Companies Office
language : en
Publisher:
Release Date : 1997
Statutory Obligations Of Companies And Their Directors Under The Companies Act 1993 written by New Zealand. Companies Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Corporation law categories.
Liability Of Directors In New Zealand
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Author : Susan Watson
language : en
Publisher:
Release Date : 2012
Liability Of Directors In New Zealand written by Susan Watson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The risk of company directors in New Zealand being found liable for corporate fault has expanded in recent years. An increasing number of statutory provisions provide for liability for directors. When the Companies Act 1993 was introduced, it was accompanied by howls of outrage from those who felt the duties of directors set out in that Act would make directorship unattractive and those who became directors hamstrung and excessively risk-adverse. A decade and a half on, such fears have proven to be largely unfounded. The increased risk of liability for directors does not appear to reflect any considered policy on imposing liability on directors for corporate actions. Instead, the provisions have been enacted on an ad hoc basis, with existing models adapted to new regulatory issues. While a number of individual provisions, especially section 135 of the Companies Act 1993, have received not inconsiderable judicial and academic comment, there has not been a systematic study of either the approach or the consequences of imposing liability on directors in New Zealand. The chapter begins with a brief account of the New Zealand legal system. It then provides an overview of New Zealand company law and the relationship between directors and their companies. The following section discusses the principles of the general law under which directors may be found liable for the acts or omissions of their companies. The next section examines the liability of directors for corporate fault in the most important legal areas.
Directors Responsibilities Under The Companies Act 1993 And Other Legislation
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Author : Euan H. Abernethy
language : en
Publisher:
Release Date : 1994
Directors Responsibilities Under The Companies Act 1993 And Other Legislation written by Euan H. Abernethy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Corporation law categories.
Directors Powers And Duties
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Author : Peter George Watts
language : en
Publisher:
Release Date : 2009
Directors Powers And Duties written by Peter George Watts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Corporation law categories.
This book provides practitioners and students with a full treatment of one of the most important and complex aspects of company law, directors' powers and duties. Of all the areas of company law, directors' powers and duties is among the least accessible from the statute (i.e. Companies Act 1993). Behind the statute, is a long and very complex history of equitable and common law case law, most of which remains applicable in New Zealand. This book also contains short summaries of leading cases which is very useful both for students and practitioners.
Directors Duties In The Context Of Insolvency
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Author : Julia Honds
language : en
Publisher: GRIN Verlag
Release Date : 2007-12
Directors Duties In The Context Of Insolvency written by Julia Honds and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12 with Law categories.
Essay from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, Victoria University of Wellington, course: LLM Research Paper, Master Abschlussarbeit, 59 entries in the bibliography, language: English, abstract: This essay deals with directors' duties, focusing on the duties that specially arise in the context of a company becoming insolvent. The relevant duties are those under sections 131, 135 and 136 of the Companies Act 1993. The drafting of these insolvent trading provisions in New Zealand has been criticised in the legal literature. This research paper considers not only this criticism but also deals with the more general debate about the value of insolvent trading provisions in general. Although the current drafting of the relevant provisions in New Zealand is not without minor flaws, the need for creditor protection requires the maintenance of insolvent trading provisions in general. Besides that, this essay looks at the remedies for breaches of directors' duties. The most important provision in this context is s 301 Companies Act 1993. Pursuant to this provision both the liquidator and individual creditors can enforce directors' civil liability. However, the possibilities of individual creditors to obtain payment directly to themselves are restricted. The final part of this essay considers the question whether a separate duty directly owed to individual creditors should be introduced. Although such a duty seems to have some benefits, it would not be commensurate with leading principles and ideas of Insolvency Law and should therefore not be introduced. It is the concern of this research paper to point out the many issues that arise in context of directors' duties and insolvency law and to show that it is important to strike an appropriate balance between the intended creditor protection and the entrepreneurial freedom of company directors.
Directors Duties Handbook
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Author : Euan H. Abernethy
language : en
Publisher:
Release Date : 1997
Directors Duties Handbook written by Euan H. Abernethy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Corporate governance categories.
A Guide For Companies And Their Directors To The Principal Filing Requirements Of The Companies Act 1993
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Author :
language : en
Publisher:
Release Date : 1999
A Guide For Companies And Their Directors To The Principal Filing Requirements Of The Companies Act 1993 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Duties And Responsibilities Of Directors And Company Secretaries In New Zealand 4th Edition
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Author : Silvana Schenone
language : en
Publisher: CCH New Zealand Limited
Release Date : 2013-07-01
Duties And Responsibilities Of Directors And Company Secretaries In New Zealand 4th Edition written by Silvana Schenone and has been published by CCH New Zealand Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Business & Economics categories.
It has never been more important for directors and management to have a clear understanding of directors' duties. Not only do we have a new, empowered, regulator in the form of the Financial Markets Authority, but the Courts are generating new case law, in the wake of the global financial crisis and finance company failures. This new edition of Duties and Responsibilities of Directors and Company Secretaries in New Zealand sets out in a clear and concise manner the duties imposed by law on directors and includes new commentary on the evolution of the interpretation by the courts and the regulators of these matters. Comprehensive indexes, cases and statute tables ensure relevant information is easily located.
Directors And Managers Law Made Easy
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Author : Benedict Stewart
language : en
Publisher:
Release Date : 2017
Directors And Managers Law Made Easy written by Benedict Stewart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Corporate governance categories.
"Directors and managers are facing strong headwinds. Policy makers in the post-GFC era are tough on compliance. Directors are required to stay on top of their obligations, and the costs of not doing so can be severe. Meanwhile, directors are having to navigate companies through low-growth market conditions. There is increased pressure to beat the market. In these conditions it is tempting to let compliance take a back seat. But today this is simply too risky. Directors and Managers Law Made Easy helps directors and managers stay ahead of their legal obligations. It provides up-to-date commentary in plain English, covering real situations, written specifically for the New Zealand market. Its accessible style does not compromise on conveying the substance of the law. Giving directors a sound knowledge of the basics of the relevant law will provide them with more time to focus on directing and managing the business. All the big issues facing directors are covered. This includes the directors’ duties found in the Companies Act 1993 and in the Health and Safety at Work Act 2015. It also covers directors’ powers when delegating to employees, signing documents and holding meetings. This book focuses on practical advice and analysis. Simple steps go a long way to limiting exposure, avoiding penalties and increasing business efficiency."--Publisher's description.
Corporate Law In New Zealand
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Author : Susan Watson
language : en
Publisher:
Release Date : 2018-12-31
Corporate Law In New Zealand written by Susan Watson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with categories.
The term corporate law refers to the laws relating to corporations and their business activities in general. In the New Zealand context this includes the life-cycle of a corporation under the Companies Act 1993 and the effect of other regulatory frameworks such as the Receiverships Act 1993, the Takeovers Act 1993 and the Financial Markets Conduct Act 2013. Corporate Law in New Zealand is a modern, fresh analysis of corporate law in New Zealand that places New Zealand corporations in their historical, current and international context. Key chapters include the impact of the theory of the company on New Zealand corporate law, the nature of corporate enterprise in New Zealand, Maori/iwi companies, directors duties, shareholders rights, corporate financing, corporate insolvency, relevant financial markets law, and takeovers, amalgamations and arrangements. Selected content is drawn from the Company and Securities Law in New Zealand treatise and has been updated, reworked and significantly expanded to embrace developments in company and corporate law.