Searching Content from New Zealand indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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The Insolvency Practitioners Regulation Act 2019 – Mandatory reporting obligations
The Act removes an escape for directors and company officers by imposing mandatory reporting obligations on liquidators.
New Zealand
12 Oct 2019
Recent construction company collapses highlight ongoing problems with retentions
A retention funds shortfall has been reported in a number of construction companies in liquidation or receivership.
New Zealand
23 Sep 2019
Mainzeal directors liable for reckless trading - what could this mean for other directors?
This Mainzeal decision should be carefully considered by anyone currently holding or contemplating a directorship.
New Zealand
12 Apr 2019
Directors liability in the spotlight
The High Court sent a strong message to directors against the dangers of companies continuing to trade whilst insolvent.
New Zealand
6 Apr 2019
Mainzeal judgment highlights directors personal liability in insolvency
The risk for Mainzeal directors is that the Court of Appeal may decide they are personally liable for over $36 million.
New Zealand
28 Mar 2019
Administrators, conflicts of interest and prior professional relationships
Although the UK cases are limited to administrations, the principles are applicable to NZ administrators and liquidators.
New Zealand
11 Feb 2019
Company directors cannot veto DoCA - High Court
This decision confirms that a DoCA approved by creditors cannot be stymied by unwilling directors or a board's consent.
New Zealand
1 Feb 2019
Voidability of third-party payments in insolvency
In certain circumstances, insolvent transactions can be voidable under ss 292–296 of the Companies Act 1993 (NZ).
New Zealand
5 Oct 2018
Update: integrity of set-off rights restored
The 2017 WA decision which overturned the view that set-off is effective against a receiver was successfully appealed.
New Zealand
1 Oct 2018
Australian High Court endorses the use of holding deeds of company arrangement
Recent Australian decision regarding DOCAs will influence NZ voluntary administration regime.
New Zealand
26 Sep 2018
Company creditors and claw-back
This article addresses what the claw-back regime for liquidators is, and how creditors can try and protect themselves.
New Zealand
10 Sep 2018
Receiverships: who, what and why
Broad overview of the receivership process and the implications of a company being placed into receivership.
New Zealand
28 Aug 2018
Classification of creditors in Part 14 compromises
Creditors with different rights or interests can be classed together in a compromise under Part 14 of the Companies Act.
New Zealand
26 Aug 2018
Crucial continuous disclosure question – is the information material?
This was a reminder that only "material" information must be disclosed when a company is in voluntary administration.
New Zealand
20 Aug 2018
Insolvency Practitioners Bill to be revived and revised
New Insolvency Practitioners Bill proposes licensing framework where insolvency practitioners would require a license.
New Zealand
14 Aug 2018
Farm Debt Mediation Bill
The Farm Debt Mediation Bill sets up a mandatory mediation step before appointing a receiver for agricultural debt.
New Zealand
28 May 2018
Bespoke regime for unwinding Ponzi schemes
The Government is moving to create a special regime to unwind Ponzi schemes in a way which is fair to all investors.
New Zealand
22 May 2018
No liquidation where debt disputed
The case is a reminder that a liquidation order will be dismissed when there are grounds to believe a debt is disputed.
New Zealand
30 Apr 2018
Interim liquidation order made on Pickwick basis
The respondent to the ex parte application was invited to appear without the need to file written submissions.
New Zealand
30 Apr 2018
Code of Conduct for insolvency practitioners from 1 July 2018
The Code of Conduct is an innovation for the insolvency industry and should help to improve standards and integrity.
New Zealand
28 Apr 2018
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