|Corporate Governance Consumer Law Banking and Finance Capital Raisings
Hesketh Henry advises local and overseas businesses on a wide range of corporate and commercial legal issues, across a broad spectrum of industries. Our advice ranges from routine compliance matters to complex commercial issues affecting businesses, the stakeholders of those businesses and dealings between businesses and third parties.
We are regularly involved in drafting, reviewing and negotiating a broad range of contractual agreements for our clients including joint venture agreements, supply and distribution agreements, manufacturing agreements, sponsorship agreements, licensing agreements, confidentiality agreements and terms of trade.
|Examples of our work are:
We also regularly advise our clients on a range of compliance issues arising in connection with the Companies Act, Securities Act, Personal Property Securities Act, Takeovers Code, Commerce Act, Overseas Investment Act, Consumer Guarantees Act, Fair Trading Act, Co-Operative Companies Act and Credit Contracts and Consumer Finance Act 2003.
- advising a joint venture party on a significant manufacturing venture in the agriculture sector for the end to end production, manufacture, packaging and export of products;
- advising a leading technology company on the tendering process and contract terms for three separate streams of work for the re-build of Eden Park;
- advising a New Zealand-based green energy company on the terms of a NEC Engineering and Construction contract for the design and build of an off-shore solar farm; and
- advising a leading offshore player in the waste and waste water management sector in relation to its establishment of a joint venture in New Zealand.
We advise corporates, boards of directors, independent directors, shareholders, creditors and other interested parties on a wide range of governance related matters including:
- setting up companies and preparing constitutions and shareholders’ agreements;
- the composition of, and procedures to be followed by, boards of directors;
- director and officer fiduciary duties and responsibilities in the context of the Companies Act and other key legislation affecting corporates;
- conflict of interest issues for boards of directors;
- the conduct of meetings of directors and shareholders;
- reporting requirements and the production of annual reports; and
- shareholder disputes including advising disaffected shareholders as to their rights and remedies.
We offer a wide variety of specialised consumer law services. This includes providing advice on:
Recent examples of our work in this area include advising:
- compliance with New Zealand consumer law including the Fair Trading Act, Consumer Guarantees Act, Commerce Act and Privacy Act;
- advertising and marketing campaigns, sweepstakes, prize competitions and sales promotions (using traditional and electronic means) and product liability issues (including advising on compliance and product recall issues);
- Commerce Commission investigations;
- New Zealand's Advertising Standards Codes of Practice; and
- drafting marketing, agency, sponsorship and distribution agreements.
We have considerable experience in providing tailored advice to insurance providers, including in relation to advertisements for insurance products, rating disclosure and promotions.
- a multi-national sportswear company in respect of a Commerce Commission investigation in relation to an international advertising campaign;
- on New Zealand compliance aspects of international prize competitions run by an international fast food outlet; and
- a multi-national electronics company in respect of a Commerce Commission investigation relating to a product advertising promotion.
We play an active role in the advertising law space, regularly contributing to publications, including "World Intellectual Property Rights and Remedies - New Zealand Chapter", articles for the Global Advertising Lawyers Alliance (GALA) and presenting at both client and industry seminars in New Zealand and elsewhere, including to the American Association of National Advertisers in Washington DC.
Banking and Finance
We advise banks, other financial institutions and corporate borrowers on all aspects of banking and financial services law. In particular, we regularly assist clients in relation to the refinancing of their businesses and financing to fund growth through acquisitions. We also have significant expertise in the Personal Property Securities Act and Credit Contracts and Consumer Finance Act.
We have recently been involved in undertaking security reviews for a large Australasian bank.
We regularly assist clients in relation to raising funds by providing advice on compliance with the Securities Act and other applicable legislation.
We also have considerable experience in putting in place equity incentive schemes to incentivise new or existing management who wish to buy into a business.