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Welcome to the Sharp Tudhope Lawyers' blog. Here you will find  topical information and advice relating to a wide range of areas of law, written by our legal experts.

COMPANY LAW - SIGNING UP AS A COMPANY PRIOR TO INCORPORATION

On occasion, people sign documents in the name of or on behalf of a company that does not exist, but with the intent to form that company in the very near future. Do you think this plausible? The answer is yes. Are you thinking of signing a contract in the name of or on behalf of a company before it is incorporated? If so, there are a few steps you must follow under the Companies Act 1993 to ensure the pre-incorporation contract is validly entered, and to protect yourself from liability to the other contracting party.
Written by James Moran at 00:00

GETTING IT SIGNED

With the ever increasing use of technology the need to sign a document on paper is becoming more and more redundant. Under the Electronic Transactions Act 2002 (“the Act”) certain paper-based legal requirements may be met by using electronic technology, in which the Act recognises that there is a functional equivalence between paper form and technology to meet a legal requirement.
Written by James Moran at 00:00

WHO IS THE FINANCIAL MARKETS AUTHORITY?

A recent survey by the Financial Markets Authority (FMA) showed that 61% of New Zealanders had not heard of them. The FMA is an independent Crown entity in charge of ensuring public confidence in our financial markets and supporting the growth of our capital base in New Zealand.
Written by James Moran at 11:00

THE FINANCIAL MARKETS CONDUCT ACT - ARE YOU READY FOR THE TRANSITION?

The full force of the Financial Markets Conduct Act 2013 (“FMC Act”) came into effect on 1 December 2014. If you are an issuer of securities you will need to ready yourself for the transition to the FMC Act.
Written by James Moran at 11:00

RELATED COMPANIES LIABILITY - COMPANIES BEWARE

If one company in a group of companies goes into liquidation then the parent company and other subsidiaries may be held liable for its debts. A recent High Court decision in Lewis Holdings Ltd v Steel & Tube Holdings Ltd , saw the Court use section 271 of the Companies Act 1993 to hold a parent company liable for the debts of its subsidiary.
Written by James Moran at 13:00

FINANCIAL MARKETS UPDATE: OFFERING FINANCIAL PRODUCTS TO NON-RETAIL INVESTORS.

New changes to the Financial Markets Conduct Act 2013 have recently come into force. These changes will be of interest to Company Directors, Senior Management and Investors. Click the heading above to read more.
Written by James Moran at 09:00

ATTENTION CONSUMERS: BEWARE MISLEADING ADVERTISEMENTS

More often than not consumers see and read headline advertising, such as “Fly to Sydney for $50”. However, it is very common that such headline advertising is subject to the terms and conditions attached to them. Click the heading above to read more.
Written by James Moran at 09:00
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PRE-EMPTIVE RIGHTS: WHAT ARE THEY AND WHEN DO THEY APPLY?

Are you a shareholder in a company? Do you know if pre-emptive rights apply to you? Click the heading above to find out.
Written by James Moran at 09:00

SHAREHOLDER COMMUNICATION - THE MODERN WAY

Do you solely use the post to communicate with your shareholders? Click the heading above to learn how communications with shareholders can be paperless.
Written by James Moran at 09:00

NEW PROTECTION FOR CONSUMERS UNDER THE CONSUMERS GUARANTEE ACT

From 17 June 2014 consumers will receive greater statutory protection under the Consumer Guarantees Act 1993 (“the Act”), specifically, the time at which consumers acquire rights to goods (time of supply is confirmed) and a new guarantee is added to the existing protections offered by the Act as to the time of delivery (guarantee as to delivery). Click the heading above to read more.
Written by James Moran at 09:00

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