Penalty regime under the Securities Markets Act 1988
The penalties imposed by the Court in the case considered in this article are interpreted by the author as "a signal that breaches of the Securities Markets Act will be severely punished". The case, he says, "perhaps marks, at last, an approach which offers real disincentives to parties considering illegitimate trading practices."
Obligations of issuers of securities
The Securities Commission considers offers that do not, for the purposes of the Securities Act, constitute "offers to the public".
Phoenix companies and the corporate veil
This article considers a fundamental company law concept - that of separate corporate personality and the problem with what are known as "Phoenix Companies", which arise where owners and managers of failing companies leave their business and start up again under a different corporate guise.
Developing corporate governance principles for New Zealand
This article outlines developments in New Zealand on the issue of corporate governance, in light of international debate over corporate failure and the differing approaches taken in the United States, the United Kingdom and Australia.
Reflections on some practical issues which have arisen under New Zealand's Personal Property Securities Act and some lessons for Australia
A focus on some issues in the Personal Property Securities Act that have given rise to practical difficulties.
For more information on any of the cases, articles and features in Commercial Quarterly, please email Rachel Gowing or call on 64 9 916 8825.
This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.