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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!
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Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.
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Can you assign a contract with the benefits or is it novation with more risk? Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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What is the Difference Between Assignment and Novation?

Assignment of contracts is a fairly common practice in the business world. In an assignment, the person assigning the contract - the "Assignor" - assigns the benefits of the contract the Assignor holds to a new person (the "Assignee") who takes the benefit of that contract "the Assignee". Some contracts may expressly prohibit assignment and some contracts provide that a contract may not be assigned without the consent of the other party. If a contract has no provision relating to assignment, then the general rule is that it may be assigned, with a few exceptions.
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Unfair Contract Terms
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Unfair Contract Terms

A recent decision in the High Court of New Zealand has provided the first instance of the Courts using the Fair Trading Act 1986 ("FTA") to declare specific terms in a standard form consumer contract unfair, and therefore unenforceable. The decision in Commerce Commission v Home Direct Limited1 was made pursuant to sections in the FTA which were introduced in 2013 and give the Commerce Commission power to apply to the District Court or High Court for a declaration that a term in a standard form consumer contract is unfair.
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Many businesses collect private data. Under a new Privacy Act, failure to comply can result in $10,000 fine. Property managers & landlords take note. Click here
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The Privacy Act 2020 - Privacy Principle One

The Privacy Act 2020 ("new Act") came into force in 2020, replacing the Privacy Act 1993. The purpose of the new Act was to overhaul New Zealand's existing privacy of personal information regulatory framework and bring it into line with internationally recognised privacy obligations and standards. Section 22 of the new Act sets out 13 information privacy principles ("Privacy Principles"). In this article, we focus on new developments in relation to Privacy Principle 1 ("PP1"), which addresses the purpose of collection of personal information.
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Auckland Anti-Money Laundering Lawyer. This is a complex issue. Be safe. Call 377 9966 for a no-obligation chat.
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The Anti-Money Laundering and Countering Financing Act 2009 (AML/CFT Act) - It is Serious - Get Specialist Legal Advice!

The AML/CFT Act was extended to lawyers and conveyancers on 1 July 2018. It will be extended to accountants on 1 October 2018 and will be further extended to Real Estate Agents on 1 January 2019. We also consider many financial service providers (including in some cases of businesses offering credit contracts) may be unaware that they are required to comply with the AML/CFT Act or may not be meeting the standards required.
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Auckland Commercial Lawyer, Terms of Trade Vital For Business. Call 377 9966 for a no-obligation chat.
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Terms of Trade - An Essential Part of Your Business

Companies that provide goods or services on standard terms (including credit terms) should be regularly having a legal health check of their terms and their practices for ensuring the terms they are using accurately reflect their business practices, meet all of their requirements and cover off their key risks – as well as ensuring they are appropriately brought to the attention of customers or clients so that they are valid, enforceable or binding.
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Auckland Commercial Lawyer. Are you guilty of reckless trading? A hands-off director may be at risk. Call 377 9966 for a no-obligation chat.
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Section 135 of the Companies Act - Reckless Trading:

Non-Executive or Passive Directors and Directors' Duties: The Courts Take no Excuses for a "Hands Off" Approach
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Auckland Commercial Lawyer. Do you know your obligations as a Company Director? Call 377 9966 for a no-obligation chat.
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Section 131: Duty of Directors to Act in Good Faith and in Best Interests of Company

In accordance with Section 131 of the Companies Act 1993 ("Act"), directors have a duty to act in good faith and in what they genuinely believe to be the best interests of the company. While it may be expected that directors should always behave in such a manner, and not place their personal interests ahead of the company's, various judgments have explored the extent of this duty and provided more information about the considerations director should take account of when exercising their powers.
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Auckland Property Lawyer. What are your rights and obligations when buying into a retirement village? Call 377 9966 for a no-obligation chat.
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Purchasing An Interest In A Retirement Village: What You Need To Know

Purchasing an interest in a retirement village is not like purchasing a residential property. There is an ongoing relationship between the village operator and the resident which is governed by the terms and conditions set out in what is called an "Occupation Right Agreement".
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Auckland Commercial Lawyer. If you want to provide any financial services, products offers, there are lots of laws to meet. Call 377 9966 for a chat.
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Providing Financial Services or Financial Products in New Zealand

There are a large number of statutes that potentially apply to any business providing financial services or products in New Zealand. We are aware from prosecutions by regulators and from assistance that we have provided to clients, that many people are unaware of the full compliance requirements that relate to their business. In some cases, businesses may comply with one statute, but are unaware that there are other statutes that apply.
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If you are offering credit, will you get paid? A Personal Guarantee might be the answer. Call Auckland 377 9966, Manukau 262 0330, North Shore 415 4477
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Obtaining an Enforceable Guarantee

There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
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How will the new Privacy Act affect you? Mandatory reporting means firms must update privacy policies. Call Auckland 377 9966, Manukau 262 0330, North Shore 415
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Navigating New Zealand's New Privacy Arena

In a world that is placing an increasing reliance on technology and value in data, it is hardly surprising that New Zealand's outdated Privacy Act 1993 ("Act") is scheduled to be replaced on 1 December 2020 in its entirety by the Privacy Bill ("Bill") which is currently making its way through the final stages of Parliament.
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Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

Credit Contracts and Consumer Finance Act - Prescribed Suitability and Affordability Assessments for Consumer Credit Contracts - Is Your Business Ready?

On 1 October 2021, the long anticipated Credit Contracts and Consumer Finance (Lender Inquiries into Suitability and Affordability) Amendment Regulations 2020 ("Regulations") came into effect after being passed into law by the Government in November last year. The changes are well-intentioned, with the purpose being to tackle high-cost consumer loans and minimise borrower hardship that had been well documented in recent Ministry of Business, Innovation and Employment inquiries into mobile trading. However, like all regulation, there is a trade-off, and these highly prescribed regulations place a significant compliance burden on responsible lenders, particularly small and medium enterprises.
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What is the Difference Between Assignment and Novation?

What is the Difference Between Assignment and Novation?

Assignment of contracts is a fairly common practice in the business world. In an assignment, the person assigning the contract - the "Assignor" - assigns the benefits of the contract the Assignor holds to a new person (the "Assignee") who takes the benefit of that contract "the Assignee". Some contracts may expressly prohibit assignment and some contracts provide that a contract may not be assigned without the consent of the other party. If a contract has no provision relating to assignment, then the general rule is that it may be assigned, with a few exceptions.
Read more
Navigating New Zealand's New Privacy Arena

Navigating New Zealand's New Privacy Arena

In a world that is placing an increasing reliance on technology and value in data, it is hardly surprising that New Zealand's outdated Privacy Act 1993 ("Act") is scheduled to be replaced on 1 December 2020 in its entirety by the Privacy Bill ("Bill") which is currently making its way through the final stages of Parliament.
Read more
Obtaining an Enforceable Guarantee

Obtaining an Enforceable Guarantee

There are many circumstances where businesses might give credit – even without formally doing so. Providing goods or performing services in advance of full payment is extremely common, but if a company or sole trader you are dealing with has financial problems or a poor credit history, then you may not get paid.
Read more
Electronic Signing of Contracts

Electronic Signing of Contracts

Part 4 of the Contracts and Commercial Law Act 2017 ("CCLA") provides that, with some few exceptions, where a signature is required by law (including to conclude a contract) you can sign that document electronically provided certain conditions are met. An electronic signature is defined in the CCLA as a method used to identify a person and to indicate that person's approval of that information.
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