Pronounced focus on cartel behaviour by the Commerce Commission should be of note for all suppliers, be they import/distributors or local manufacturers. In this article, I draw your attendion to proposed legislative changes in relation to price fixing and output restrictions.
Consumer Law Reform Bill
There is currently a bill before Parliament which, if passed, will extensively overhaul consumer law. All businesses will be forced to review their contracts to ensure compliance with the new laws.
Convertible Notes or Preference Shares
The choice of raising funds by way of an issue of convertible notes or preference shares is usually driven by a mixture of security and tax considerations.
Expense Reduction Agreements
The premise behind an expense reduction agreement is that by engaging expense reduction analysts you will be able to increase profits through cost cutting.
Indemnities - What to look for?
A standard form indemnity will extend to "any liability, loss, costs or expenses incurred as a result of or in connection with any breach of this contract by, or the negligence of, the supplier, or any breach of a law by the supplier".
SPAs - Earn Outs and Warranty Caps
Conceptually earn out arrangements are a convenient way of managing price expectations and risk for both sellers and buyers in the contestof business and share sale and purchase agreements.
Exemptions from Prospectus Requirements
There is no requirement to register a prospectus when offering securities if the offer is not made to the public. The most common instance of this is a "private placement", ie an issue or allotment of securities to one or more persons privately.
Professional Development
The Law Commission has released two substantial reports review trusts. They are essential reading.