Raises the bar for potential investors in commercial buildings
New Zealand cities and towns typically include many older style commercial buildings, which have long been popular with property investors. In the wake of likely new building standards to be imposed following the Christchurch earthquakes, we consider some of the issues to help you make a wise investment. Continue reading
Land Transfer regulations require an A & I Form to be signed by you (as either vendor, or purchaser); the Form gives your lawyer the authority to complete the sale or purchase transaction by electronic registration. The A & I Form confirms your identity, capacity and authenticity as a party to the transaction; this is required to ensure the integrity of the land register. Continue reading
A mortgagee sale occurs as a result of a home owner not meeting their obligations under the terms of their mortgage. In this instance, the mortgagee lender (usually a bank) exercises its power of sale by selling the property to recover its debt. Continue reading
Legal protection for natural features on private land
Many private land owners have outstanding natural habitats or landscapes on their land and want to preserve that for future generations. Others engage in projects – such as restoring wetlands and planting native vegetation – to create or restore these areas. Land owners can use land covenants and other legal measures to help protect natural heritage for the future. Continue reading
The Sum Insured requirements: what does it mean for you?
Insurance companies now require their policy holders to nominate a sum as the maximum amount they will receive in the event of making an insurance claim to rebuild their home. This ‘sum insured’ policy shifts the risk of the rebuilding cost being greater than the insured value from the insurers to the policy holder. This article looks at this change and provides guidance on how to ensure your home’s Sum Insured value is sufficient to meet the cost of a rebuild. Continue reading
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Today we publish the Summer 2012 edition of Commercial eSpeaking; we hope you find the articles both interesting and useful. If you’d like to discuss further any topic below, or indeed any business law issue, please be in touch.
Inside:
- Family Businesses: Planning ahead for success
- Insolvent Transactions and Clawbacks: The Companies Act carries a sting in its tail
- Clearing up Confusion about Criminalising Cartels
Business Briefs:
- 90-day trial periods
- Spam
- Companies and Limited Partnerships Amendment Bill
We publish the latest edition of Trust eSpeaking here.
In this edition:
- Let’s give it all way – It’s not that straightforward
With the abolition of gift duty from 1 October 2011 the first thought for most people who have a family trust would be “Let’s give it all away”
- Rest home care – Don’t expect government hand-outs
After gift duty comes to an end from 1 October, one thing will still be clear: you can’t give everything away to a trust and then expect to rely on state assistance because you don’t own any assets…
- Trustee Liability – As vendor under an Agreement for Sale & Purchase Trustees are the legal owners of trust property and are personally liable for warranties given under an Agreement for Sale & Purchase. Trustees should be very careful about giving warranties
- Trusts and tax – The Supreme Court has spoken Using a trust – or any other structure such as a company – to reduce your income is
not straightforward. If you push the boundaries too hard you may end up having to pay a lot more. The latest Supreme Court decision provides a useful warning
Today we publish here the May 2011 issue of Property Speaking; we hope you enjoy reading it. If you would like to talk further about any property issues, please don’t hesitate to contact us.
In this Autumn edition, you can read articles on:
- The ‘Solicitor’s Approval Clause’: it cannot be used to cancel the Agreement on a whim
- Total Destruction of Premises Subject to a Commercial Lease: what is untenantable?
- Property Briefs: Christchurch earthquake: buying property – Legislation updates – GST on land transactions
In the last week you may have read some articles in the media about the Court of Appeal decision on a tax case involving two surgeons’ trading structures. In this document we provide some commentary on this, and provide a practical response. There is no word yet on whether there will be an appeal to the Supreme Court.
If you would like to talk with us about any issues relating to business structures and tax, please do not hesitate to contact us.