In this 3-hour intensive webinar you will receive a comprehensive overview of farming transactions, including at arm’s length and inter-generational. Learn how to best protect the interests of your clients by tailoring their farming transaction to their needs, and their farming operations. Gain practical skills in drafting for rural transactions, including the sale and purchase of livestock. The presenters will provide guidance and key take aways that can assist in preventing issues arising during or post completion of a rural transaction.
Description
Attend and earn 3 CPD hours
2.00pm to 3.30pm Part 1
- Buying and Selling Rural Property
- Vendor and purchaser perspectives
- Practical matters: knowing the farm and its systems
- Drafting agreements: key provisions
- Due diligence investigations (who does what?)
- Leasing of Rural Property
- Understanding and capturing the specifics of the property in lease agreements
- Handover at commencement and termination
- Permitted use and environmental constraints
- Drafting leases: key provisions
- Livestock Sale and Purchase
- Independent and interdependent sale
- Biosecurity
- Drafting livestock agreements: key provisions
Learning Objectives
- Learn the critical aspects to be aware of when buying, selling or leasing rural property
- Walk through important due diligence requirements
- Understand the key factors in rural land, livestock, grazing arrangements and agreements
- Gain practical tips for drafting
- Receive guidance on succession transactions
3.30pm to 3.45pm Break
3.45pm to 5.15pm Part 2
- Livestock Leasing
- Practical matters
- Security for leased livestock
- Progeny
- Key provisions
- Grazing Agreements
- Legal obligations for livestock welfare
- Commercial terms: what is the deal?
- Livestock management: land owner or stock owner?
- Drafting grazing agreements: key provisions
- Dispute resolution
- Farm Succession Transactions
- Arm’s length and family transactions: are they any different?
- What should happen before the transaction?
- Structure for purchaser
- Establishing the price
- Family vendor finance
- Bank finance in family transactions
- Drafting family transaction documents: key considerations
- Relationship property
- Living succession plan: updating personal documents
Workshop Facilitators
Tim Silva, Partner, Heather Neeson and Sarah Denis, Senior Associates, RMF Silva
Presenters
Heather Neeson, Senior Associate, RMF Silva
Hailing from a Mid-Canterbury sheep, beef, and dairy grazing farm, Heather has focused her legal expertise on the needs of rural communities. A graduate from the University of Canterbury with Law and Arts (honours) degrees, Heather has been practising law since 2013. She has also worked in London in a banking investigation role. Heather specialises in agribusiness, property, succession and trusts, financial and personal law. She particularly enjoys working together with her clients to achieve their goals, as seamlessly as possible. Outside of work, Heather enjoys spending time with family and friends, and taming the wilderness of her garden with her partner Rob.
Sarah Denis, Senior Associates, RMF Silva
Sarah grew up on a farm in Mid Canterbury, and continues to live rurally. Attending University of Canterbury and completing a Law and Commerce degree in 2016, Sarah has worked in Ashburton for the past eight years, and joined RMF Silva in September 2019. Sarah works across a range of areas, specialising in agribusiness, property, conveyancing, wills, trusts and powers of attorney. Outside of work Sarah enjoys spending time with friends and family, and playing sports such as squash and netball.
Tim Silva, Partner, RMF Silva
Tim graduated from Otago with Law and Commerce degrees in 1995. Apart from 5 years of commercial law in the UK, he has been an Ashburton lawyer ever since. Tim specialises in property, agri, business and succession. While Tim’s focus is regional, he has a national reputation as a leading agribusiness lawyer. Tim’s passion is people, providing practical intergenerational legal advice. His clients are his friends and friends are his clients. Tim is actively involved in the community with a number of trusteeships and roles including the Braided Rivers Community Trust and the Lion Foundation regional grants committee. Outside of work, family and community, Tim loves the high country - hunting and fishing with his twin boys and all other outdoor sports.
