Rainey Collins Lawyers

How to easily get some protection for your catchy business name and logo

Monday, 28 February, 2011 | Olivia Porter

Does your business have a catchy name and/or clearly identifiable logo?  If you haven’t registered it as a trademark, this could happen to you …

Bill started a very successful retail business and as a result of a quality product, memorable logo and significant exposure in the market, people very quickly learned about Bill’s business and recognised his logo when they saw it. 

Shortly after starting his business… Continue reading

Questions every director or intending director should ask

Thursday, 24 February, 2011 | James Johnston

Companies are always on the lookout for new Directors.  If you are a Director or considering becoming one, there are 10 questions you should ask first.

Much has been said and written about ‘governance’.  Corporate governance is a hot topic, whether it relates to a small family company or the board of a large multinational corporation.  It is especially relevant when it goes wrong as offending Directors… Continue reading

Director’s duties

Tuesday, 22 February, 2011 | Alan Knowsley

The following is a summary of the duties and obligations of Directors under the Companies Act 1993.

1. Management

The Board of Directors has primary responsibility for the financial performance and statutory compliance of the company. Where Directors have a role in the management of a company, the scope of their role should be explicit. The meaning of the term “Director” for the purposes of this statutory provision is… Continue reading

Director liability – mistakes are not easily swept under the carpet

Tuesday, 22 February, 2011 | James Johnston

A number of large companies have failed in a very high profile way in recent years, and in the wake of their failure there has been much talk about the role of Directors and, more specifically, Director liability.

Right at the forefront of that discussion was the criminal prosecution of five former directors, including the former-Chair, of Feltex.   The criminal charges arose from various acts which appear to have… Continue reading

Claw-back of debtor payments in liquidations or bankruptcy

Tuesday, 18 January, 2011 | Alan Knowsley

A liquidator’s job is to obtain all available funds to share on an equal basis with all creditors.

If the liquidator considers that payment to a creditor has given them a preference over other creditors, then the liquidator may file a notice within two years of the liquidation to have payment set aside, and require the return of the funds that were paid to the creditor.

The rules… Continue reading

Will the proceeds of your court action result in GST liability?

Monday, 20 December, 2010 | Alan Knowsley

Often when a Plaintiff is preparing to issue proceedings or settle its claim with a Defendant little thought if any is given to the GST treatment of any payment following a Court award or an out of Court settlement.In many of these situations however the availability of funds is strictly limited and the Plaintiff’s liability to account for GST might be the difference between providing a service which results in… Continue reading

An agreement to suit your employees

Monday, 20 December, 2010 | Alan Knowsley

There are different types of Employment Agreements available to employers and employees that are suitable for different employment structures.

Fixed Term Agreements

The employment will come to an end on a specific date for a specific reason or on the happening of a specific event.  Fixed Term Agreements are good in terms of project work, or for providing cover while another employee is on leave, but a… Continue reading

Business operators seriously concerned about getting paid may be able to secure their position … pre-judgment

Monday, 20 December, 2010 | Alan Knowsley

In the running of your business you may find that you have serious concerns about getting paid by a debtor.

You do not have to watch helplessly as your debtor wastes money or disappears while you wait for a Court order.

In certain circumstances the Court can make orders protecting a debtor’s assets which will secure a creditor’s position until a Final Judgment can be made about this… Continue reading

Your quality terms of trade … save time and costs for you!

Monday, 20 December, 2010 | Alan Knowsley

When your customers fail to pay their credit accounts by the due date and it comes time to pass the matter over to your solicitors for more serious recovery action, having quality terms of trade can prove invaluable.

Not only can terms of trade allow you to pass the costs of recovery on to your customer and allow for interest to run on the outstanding balance to the date… Continue reading

Voluntary Administration – How Can it Save My Company?!

Tuesday, 30 November, 2010 | Alan Knowsley

What Is Voluntary Administration?

The point of the voluntary administration regime is to give companies that are insolvent or look likely to become insolvent in the near future a better chance of surviving – and the sooner an Administrator is appointed, the better it will often be for the company’s chances.  If it is not possible to rescue the company then the objective of the Administration is to get… Continue reading

Tuesday, 31 January, 2012

TV 1 Breakfast Show

Thursday, 26 January, 2012

Recent promotions announced at Rainey Collins Lawyers