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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

CONSTRUCTION CONTRACTS UPDATE - STAGE 3

In 2015 an array of amendments was made to the Construction Contracts Act 2002 (CCA), to be implemented in three stages, namely on 1 December 2015, 1 September 2016, and 31 March 2017.
Written by James Hakaria at 00:00

MBIE WILL ENFORCE A MIGRANT EMPLOYMENT BAN ON EMPLOYERS WHO BREACH EMPLOYMENT STANDARDS

From 1 April 2017, the Ministry of Business, Innovation and Employment (MBIE) will enforce stand down periods for employing migrants for any employer who incurs employment standards-related penalties. This new regime is designed to protect migrant workers from exploitation. This group of employees are more vulnerable than domestic workers who enjoy protection from the existing regulations and penalties.
Written by Michelle Urquhart at 00:00

EMPLOYMENT LAW - ADDRESSING THE GENDER PAY GAP

How do you address the gender pay gap? This is the question the Joint Working Group on Pay Equity Principles (the JWG) had to answer when it was established by the government in 2015. This group consists of government, employer and union representatives and was tasked with recommending equal pay principles for government consideration.
Written by Shima Grice at 00:00

PENALTY PAYMENTS UNDER CONTRACTS

Anybody who enters into contracts as part of a construction contract will be familiar with the idea of “liquidated damages”. These clauses outline the amount of money which is payable by a party who breaches the contract. The amount payable under a liquidated damages clause is meant to be a genuine pre-estimate of the damage which will be suffered by the innocent party as a result of the breach. The amount does not have to be entirely correct, but it needs to be genuine.
Written by Bill Chapman at 00:00

FMCA TRANSITION PERIOD ENDS

As of yesterday, 1 December 2016, the 2 year transition period under the Financial Markets Conduct Act 2013 (“FMCA”) officially came to an end. Now, all offers of financial products (such as shares) must be made under the FMCA and the Securities Act 1978 is put to bed.
Written by Kylie van Heerden at 00:00

STAY SHARP MID-WINTER EDITION

Keep in touch with with our latest newsletter hot off the press.
Written by Janine McTainsh at 00:00

DIRECTORS, ARE YOU INDEMNIFIED?

The risk of legal liability that directors are exposed to is increasing, particularly with the introduction of new or amended legislation, such as the Health and Safety at Work Act 2015.
Written by Kylie van Heerden at 00:00

DISTRIBUTION 101 FOR EXPORTERS

Many of you would have seen the launch of the Zespri Bay of Plenty Export NZ Awards 2016, with the big event to take place on 24 June 2016. We have some incredibly successful exporters in this region who know all about the importance of having distribution arrangements based on more than just a hand shake at a trade show. For those new to exporting, it can be hard to know where to start and the prospect of engaging a lawyer to draft a Distribution Agreement can be daunting, especially when you can think of much better uses of your often limited cash flow.
Written by Kylie van Heerden at 00:00

DIRECTORS, CHIEF EXECUTIVES AND MANAGERS - HEALTH AND SAFETY IS YOUR RESPONSIBILITY

Directors, Chief Executives and Managers - Health and safety is your responsibility! On 4 April 2016 the Health and Safety at Work Act 2015 comes into force. This means that you only have a couple of weeks to ensure that your business complies with the new legal requirements. Will you be ready?
Written by Shima Grice at 14:00

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