Stay on top of the latest business law cases, insights, and updates. Keep abreast of your need-to-know business tax obligations. Gain valuable best practice guidance for dealing with and supporting employees – including vulnerable people – during a business transaction, alongside tips on transaction structuring, due diligence, and warranties and indemnities.
Attend and earn 4 CPD hours
- Recent trends
- Common additional terms
- Practical and settlement considerations
Presented by James Stewart, Barrister and Director, Steindle Williams Legal; Member of the Law Associations Documents and Precedents Committee
Graeme Switzer, Partner, Duncan Cotterill
- Initial considerations: structuring the transaction
- Due diligence: things to look out for
- Warranties and indemnities
Presented by Julika Wahlmann-Smith and Ben Hickson, Partners, Hesketh Henry, Corporate and Commercial team
- Understanding the different income tax rules and obligations for buying or selling business assets or shares
- Navigating asset sales including application of the purchase price allocation rules
- Issues with selling shares in a business
- An overview of recent business tax developments
Presented by Nico Murray, and Iain McConvill, Technical Specialists and Chartered Accountants, Inland Revenue
- Good faith and unconditional sale and purchase agreements
- Vulnerable employees
- Sweetening the deal
- Timeframe considerations
Presented by Alexandria Till, Partner – Employment, Harkness Henry; certified member of the Association of Workplace Investigators (AWI); member of Te Hunga Rōia Māori o Aotearoa (Māori Law Association), and NZLS Waikato Bay of Plenty Employment Committee convenor
- Receive a timely update on business tax developments
- Review tax considerations in changing, selling, or closing a business
- Gain insights into business sales structuring and the due diligence process
- Explore best practice for handling employee issues sale and purchase of a business
Presenters
Ben Hickson, Partner, Corporate and Commercial team, Hesketh Henry
Ben is a Partner in the Corporate and Commercial Team. Originally trained in Hesketh Henry’s commercial property team, Ben re-joined the firm’s commercial group after seven years working as a corporate lawyer at international law firms in Southeast Asia. Ben advises on a range of corporate and commercial transactions including merger and acquisitions transactions, foreign investment, joint venture arrangements, corporate governance matters, commercial licencing, and other business regulatory issues. He has been recognised as a recommended lawyer by The Legal 500.
Nico Murray, Technical Specialist & Chartered Accountant, Inland Revenue
Nico joined New Zealand’s Inland Revenue Department in 2014 as Customer Compliance Specialist (Significant Enterprises). In 2023 he transferred to the Technical Specialist Network and part of his portfolio is technical lead for the Purchase Price Allocation rules. Prior to 2014 Nico spent 14 years as senior tax investigator in the banking industry at the South African Revenue Service.
Iain McConville, Technical Specialist & Chartered Accountant, Inland Revenue
Iain works within the Tūhononga mātanga hangarau - Technical Specialist Network at Inland Revenue, providing technical advice, case support, and coaching across a wide range of tax products. He also provides his support and specialist knowledge for a range of internal and external forums and the development and embedding of new legislation, including involvement with the implementation of the purchase price allocation rules.
Graeme Switzer, Partner, Duncan Cotterill
Graeme specialises in mergers and acquisitions, company restructurings, securities offerings, and general corporate and commercial law. He has advised public companies, multinationals, government entities, accounting firms and medium sized enterprises and regularly advises overseas companies on New Zealand merger and acquisition transactions and broader New Zealand legal matters. Grame’s experience includes advising on a range of business sales and purchases for New Zealand companies and large overseas based multinationals, as well as for medium sized enterprises. Other examples of his experience include advising on joint ventures, New Zealand securities law issues related to overseas mergers, issues relating to overseas businesses setting up New Zealand branches and generally advising on a range of commercial contracts. Graeme has been practicing law since 1999.
James Stewart, Director, Steindle Williams
James practises across a broad range of areas including commercial and company law, sale and purchase of businesses, property, leasing, insolvency and general structuring. He represents a diverse client base from small businesses to international companies giving him a unique perspective on sale of business transactions. His recent experience spans from the sale and purchase of small businesses such as liquor stores to complex transactions including sales of large international tourism businesses. James is currently a member of the Law Associations Documents and Precedents Committee.
Julika Wahlmann-Smith, Partner, Corporate and Commercial team, Hesketh Henry
Julika advises on a wide range of corporate and commercial law issues, including reviewing and advising on mergers and acquisitions, commercial contracts, terms of trade and distribution agreements, foreign investment, advertising campaigns, consumer law, and intellectual property rights. Julika is recognised as a Next Generation Partner by The Legal 500.
Alexandria Till, Partner – Employment, Harkness Henry
Alex is an experienced employment law specialist and workplace investigator whose full-service firm guides clients in all aspects of a business sale. Alex draws on her skills developed as a diplomat and in the military to develop strong relationships with clients and peers so she can achieve positive results for her clients. When necessary, Alex attends mediation and appears before the Employment Relations Authority and the Employment Court. Employees are a critical business asset that should not be a mere afterthought in the sale process. Alex guides businesses (and commercial lawyers) about the legal obligations and corresponding risks, that vendors and purchasers have to employees in a sale. Alex also provides advice on the procedural requirements for restructuring; restraints of trade (drafting and enforcement); contractor agreements; and employee management including performance and disciplinary issues. Alex is a certified member of the Association of Workplace Investigators (AWI); a member of Te Hunga Rōia Māori o Aotearoa (Māori Law Association) and convenes the NZLS Waikato Bay of Plenty Employment Committee.