Articles on Commercial Law

 
For help with commercial matters contact Tim Rankin
(379 4383)

How to Collect Your Unpaid Debts
Debt Collection and Cashflow Improvement Pointers - Business is hard enough work without non-paying debtors.

How to Write Payment Terms and Conditions to Improve Cashflow
Many small businesses struggle with cashflow due to slow paying customers. Often customers choose to move bills from small businesses to the back of the pile, and pay other bills first. Well drafted terms and conditions of trade can turn customer behaviour around so they pay your bills first.

How to Use Terms and Conditions of Trade to Limit Business Risk
Many business operate without clear written terms and conditions of trade. Services are provided and goods are supplied without any clear record of who will cover the cost if something goes wrong. Taking the time to prepare clear and reasonable terms and conditions of trade can help ensure that your business risk is identified and properly managed.

Commercial Leases
For most small businesses, your lease will be one of your most important contractual documents. Get it wrong and the profitability of your business may be seriously affected. Even so it is common for business to sign up agreements to lease without getting legal help. The lawyers at Parry Field have considerable experience in helping tenants to negotiate lease terms that fairly protect the tenant from undue risk and cost.

Time Limits for Court Proceedings
New Zealand law imposes time limits on suing other people.  These time limits often trip people up, and prevent them bringing an otherwise strong claim.

Changes in 2009 in the District Courts
In November 2009, Parliament implemented significant changes to the claim process in New Zealand's District Courts.  The aim of the changes is to simplify the claim process, reduce the cost of litigation, and bring relevant information to light quickly to promote settlement discussions.

Construction Contracts Act
Using the Construction Contracts Act 2002 to obtain regular payment for construction work and to quickly resolve disputes arising under construction contracts.

Company Liquidation and Voidable Payments
When a New Zealand company goes into liquidation, the liquidator can ask its creditors to refund payments they received prior to the liquidation. Parry Field Lawyers provide advice designed to help creditors avoid this risk.

Directors' Duties and Liabilities
A summary of duties imposed on company directors by the Companies Act 1993.

Thinking of Paying Yourself Directors Fees?
If you are a director of a small or medium sized company, you may be faced with the question of determining what is a reasonable and acceptable level of remuneration for yourself as a director ...

Consumer Credit Contracts
The Credit Contracts and Consumer Finance Act 2003 (“Act”) came into effect on 1 April 2005.  It replaces the Credit Contracts Act 1981 (“CCA”) and is designed to simplify and update the laws relating to the provision of credit.

Why is Due Diligence Important when Buying a Business?
"Due diligence" is a phrase used to describe a process of business investigations. A purchaser will often insert a due diligence clause as a condition to be satisfied in an agreement to purchase a business or shares in a company which operates that business.

Shareholders' Rights and Powers
The large majority of businesses in this country are small in size and trade as closely held companies.  Often, directors and shareholders of these companies also work in their businesses.  The lines between acting as director, shareholder, or manager get very blurred.  Owners of a business definitely wear more than one hat.  To ensure that directors/shareholders  act appropriately, there are a number of legislative obligations that directors and shareholders must fulfil.

Protecting Your IP
Your business may have a considerable amount of IP that is not being adequately safeguarded or utilised. For many businesses, some of their most significant assets may be goodwill or other intellectual property. Parry Field Lawyers provide legal advice on a range of commercial matters including protecting your intellectual property.

Registering a Trademark
Registering the trade marks you use can add value to your business by helping deter other businesses from trying to imitate your brand or benefit from its success.

Maintaining Your Company Registers
A kit to help you comply with the register requirements of the 1993 Companies Act.

Are You Keeping (a) Good Company?
Legal reminders for directors.

What's in a Warranty?
When negotiating Intellectual Property (IP) agreements, parties often get bogged down in the area of warranties.

Is your contract with a young person enforceable?
Have you ever considered the implications of selling something on credit to someone under the age of 18?

Voluntary Administration in New Zealand
Changes to New Zealand's Companies Act in 2007 brought in a new procedure for insolvent companies called voluntary administration. If your business is struggling, the voluntary administration process might be of assistance.

Disputes Tribunal Jurisdiction Limits
In February 2009, the New Zealand Government announced an intention to increase the Disputes Tribunal jurisdiction limits. Presently, claims are limited to $7,500.00, or $12,000.00 if the defendant agrees. These limits are to be lifted to $15,000.00 and $20,000.00 respectively.

Green Marketing and the Fair Trading Act 1986
In this environment conscious era, being seen to be clean and green can be an important marketing issue for your business. Are you aware though of the need to comply with the Fair Trading Act 1986 when it comes to the claims you make about your green status? The New Zealand Commerce Commission has issued guidelines on green marketing to help those making green marketing claims.

An Overview of Alternative Dispute Resolution Procedures in New Zealand
In New Zealand, the Court system provides a formal Government setting for people to bring disputes before a Judge. There are however various alternative roads to resolve disputes in addition to litigation through the Courts. If you are involved in a dispute today, one of the first questions you need to ask is which of the many procedures available is most appropriate for you.

If you need help with any commercial matters, contact Parry Field Lawyers at 379 4383.

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