How to Register a Business Name in New Zealand
Business Sale and Purchase
Read articleBuying a business in New Zealand is a significant decision and investment, so knowing how to approach it is essential. Before moving forward, make sure you should conduct due diligence – the process of gathering information about the business on offer. This information will help you make a sensible commercial decision. It will help you understand why the vendor wants to sell the business and learn about its customer base and supplier contracts.
Other areas to consider are:
It is also a good idea to seek professional advice to confirm if the business is correctly valued.
LegalVision’s commercial lawyers have experience at all stages of buying a business, from due diligence through to settlement. They have drawn on this experience to write a series of articles on buying and selling a business to assist you.
When starting a new business in New Zealand, or expanding an existing small business, having the right business structure is crucial. Your business structure can affect your:
The most notable business structures are sole trader, partnership, company and trust. There are pros and cons for each structure, so understanding what these are is important.
To assist you, LegalVision’s lawyers have drawn on their experience to write a series of articles which will assist you to make the right decision. Of course, if you have any questions, or need assistance from our business structuring lawyers, please contact us.
Every day, New Zealand businesses enter into new contracts. New contracts can be formed verbally, in writing or through conduct. So, your business must understand what you have agreed to with another party. Ensuring your commercial agreement is in writing is best practice.
A contract is a set of promises or legally binding agreement between two or more parties that the law can enforce. Contracts contain four main elements:
A legally binding contract will provide your business with rights if the other party to the contract does not keep their promise.
LegalVision’s lawyers draw on their experience to write extensively on commercial contracts. They provide useful guidance for any Kiwi business owner who has received a contract and is contemplating next steps. Our articles also provide tips on how to arrange appropriate contracts for your business.
The Companies Act 1993 regulates companies in New Zealand, from their incorporation through to their winding up. A company is different from other business structures, as it is a separate legal entity and has limited liability.
As a company director, it is important to understand your responsibilities under the Companies Act. These include:
If your company has shareholders, then you require legal documents to govern this relationship, such as a shareholders agreement.
A shareholders agreement outlines the relationship between your company and its shareholders. It outlines shareholder and directors’ rights and responsibilities, including:
LegalVision’s lawyers have extensive experience in assisting companies with meeting their corporate governance obligations. They have written a series of articles to help you implement and manage your ongoing responsibilities and risk.
If you are running a business in New Zealand, it is essential to understand your privacy obligations, particularly when handling data. Your business most likely collects new information every day, so you need to know how to store and manage this information, particularly personal data, while meeting your legal duties.
Your obligations may vary depending on the:
Whether you are a startup or global corporate, data and privacy protection must be a central element of your business strategy. You will need policies and processes in place.
LegalVision’s Data, Privacy and IT lawyers have a wealth of experience helping businesses manage their privacy obligations. We have guided New Zealand businesses through the continually changing requirements surrounding data protection in New Zealand and beyond. We also share our knowledge in articles to help you understand the fundamentals surrounding your privacy obligations.
No New Zealand business wants the cost, stress and distraction of a commercial dispute. Unfortunately, however, disputes are common, whether with a customer, employee, competitor, supplier, or business partner.
Ideally, you should try to resolve a dispute before it reaches court, and you become involved in litigation. Litigation is the process required to manage a dispute in a court or tribunal.
Another option is to use an alternative dispute resolution method, involving mediation, conciliation and arbitration to reach a commercial settlement. Your business may also have an internal dispute resolution process for handling issues such as customer complaints when they arise.
LegalVision’s Disputes and Litigation team can help you resolve your dispute quickly, while it is still in the early stage, allowing you to focus on your business’ growth and success. Our experienced team also shares their knowledge through a series of articles that will help you understand the disputes process.
If you are running a business in New Zealand, then no doubt you are using the internet as part of your growth strategy. However, online law, internet law and e-commerce law, along with technology developments, have altered how businesses can operate. Whether you operate an online business, or are using e-commerce to supplement your bricks and mortar business, it is worth understanding your legal obligations and rights.
LegalVision’s IT and online lawyers have experience with helping service providers, developers, digital agencies, app developers and a whole host of businesses to navigate IT, data and privacy law. They have written extensively on issues you should be aware of, and break down complex topics into simple, plain English.
Use our articles to help you identify problems that can arise and avoid costly and stressful disputes, so you can get on with growing and expanding your business.
If your New Zealand business has employees or is looking to recruit employees or contractors, it is essential to understand employment law.
Employment law relates to employers, employees and contractors. It can be a highly emotional and complicated area to manage, particularly if your business seeks to terminate an employment contract or manage a performance issue.
When hiring an employee, you need to know whether they should be on an award, and which award applies. You should also provide a correctly drafted employment contract that:
LegalVision’s employment lawyers have a wealth of knowledge and experience helping businesses with employment matters. They have channelled this knowledge into a series of articles that will assist you with understanding your employment law obligations.
Franchising is an ever-growing business model in New Zealand. Suppose you are seeking a business in fashion, food, real estate and professional services. Many business owners from these industries are growing their business by turning it into a franchise.
At its core, franchising is when a franchisor assigns a franchisee the right to market and distribute their services or goods under their brand. Like buying into any business, this is a big decision, and it is worth conducting due diligence and understanding your rights and obligations.
LegalVision’s experienced franchise team can help you turn your business into a franchise or buy into a franchise business. Our lawyers have leveraged their knowledge to write a series of franchising articles in New Zealand to help you understand the essentials.
Intellectual property (IP) is something you have invented, created, designed or written. IP can be known as ‘property of the mind’ because it is not tangible like land, also known as ‘real property’. Instead, it is an asset that belongs to the person who created it, and can be sold, leased, or transferred. For this reason, it is worth protecting your IP.
In New Zealand, your IP is protected to some degree by copyright. However, this does not offer comprehensive protection. For example, it does not prevent others from creating something similar to your work. You can protect your IP by having a lawyer assist you with registering for a trademark or patent.
LegalVision’s intellectual property lawyers and attorneys have experience managing the complicated trade mark registration and patent process from beginning to end. They share their knowledge in articles that explain the main steps in plain English.
As a business owner, you may need to lease a property to run your business. Alternatively, you may own property that you wish to lease to a business in New Zealand.
Either way, you will need a lease. A lease is a type of contract that outlines the obligations and rights of both the property owner (the landlord) and the person or entity leasing the property (the lessee).
The lease sets out such things as:
LegalVision’s articles on property and leasing explain common issues you may encounter as both the landlord or the lessee. Based on our lawyers’ experience, they explain common themes and issues, such as entering into or exiting a lease.
Every business in New Zealand must comply with government laws and regulation to ensure a fair and equitable commercial landscape. Almost every sector of the economy, from primary industries to professional services, is governed by regulation.
So, it is essential to understand what regulations apply to both your industry and your business. This is challenging, and can significantly impact on your activities. For example, it can influence how you:
Ensuring you comply with regulation is a risk that needs managing daily. Managing this risk includes being aware of changes to the laws that can impact how you do business and meet your compliance obligations.
LegalVision’s Regulatory and Compliance team can help you keep your business compliant while achieving your commercial goals. Our lawyers also write extensively on regulatory and compliance requirements, to assist you with understanding and meeting your obligations.
A startup is a fast-growing company that leverages technology to drive innovation and transformation in their industry.
Starting a new business is exciting; however, it involves a great deal of planning and attention. If you are starting a business in New Zealand, you may encounter many legal issues at each stage in the process.
From the beginning, you need to have a shareholders agreement locked in, setting out how the business will run. If you need external investment to support growth, you may need to raise funds from angel investors, family, friends or venture capital funds. You may also like to consider an employee share option plan to attract top talent who you cannot afford to pay market rates. I
Importantly, make sure you protect your interests by drafting the appropriate legal documents such as a share subscription agreement and a term sheet.
LegalVision’s origins as a startup mean our lawyers understand how to assist your Kiwi startup overcome legal barriers to growth. We have written extensively about different facets of the startup process, to make our knowledge accessible.
Your New Zealand business most likely has a unique value proposition, identified by customers through your brand, goods and services. You can help to protect this value proposition by registering an appropriate trade mark.
A trade mark helps distinguish your business from that of other traders. It can be a word, number, letter, business name, sound, phrase, smell, logo, shape, picture or even packaging.
By registering your trade mark, you ensure it is legally enforceable, meaning you will have the exclusive right to use that trade mark for the relevant goods and services. An unregistered trade mark does not offer the same protection.
Other benefits of trade mark registration include:
Our intellectual property and trade mark lawyers and attorneys have created a series of resources and articles to help you understand how to register a trade mark and the benefits of doing so.
How to Register a Business Name in New Zealand
Business Sale and Purchase
Read articlePublic vs Private Companies in NZ
Business Sale and Purchase
Read articleOperating My NZ Business as a Sole Trader
Business Sale and Purchase
Read articleHow to Register a Business Name in New Zealand
Business Structures
Read articlePublic vs Private Companies in NZ
Business Structures
Read articleHow Do I Close a Family Trust in New Zealand?
Business Structures
Read articleWho Can Witness Your Signature in NZ?
Commercial Contracts
Read articleYour Sales Terms and Conditions in NZ
Commercial Contracts
Read articleCan I Enforce an Unsigned Contract?
Commercial Contracts
Read articleDirectors Duties in New Zealand
Corporations
Read articleDo I Need a Shareholders Agreement in NZ?
Corporations
Read articleRights and Liabilities of Shareholders in a NZ Company
Corporations
Read articleInformation Privacy Principles: What is the Privacy Act in New Zealand?
Data Privacy It
Read articleDoes My NZ Business Need a Cybersecurity Policy?
Data Privacy It
Read articleNew Zealand Privacy Laws: Your Obligations as a Business
Data Privacy It
Read articleMy New Zealand Business Can’t Pay Its Debts. What Are My Options?
Disputes and Litigation
Read articleCan I Terminate A Contract for Breach in New Zealand?
Disputes and Litigation
Read articleWhat is a Letter of Demand?
Disputes and Litigation
Read articleOnline Returns Policy for NZ Businesses
E Commerce
Read articleHow Can I Enforce My eCommerce Site's Terms and Conditions in NZ?
E Commerce
Read articleLegal Considerations for NZ Email Marketers
E Commerce
Read articleWhat Is the Difference Between a Permanent, Fixed-Term and Casual Employee in New Zealand?
Employment
Read articleHow Do I Make An Employee Redundant in New Zealand?
Employment
Read articleWhat is the Minimum Wage in NZ?
Employment
Read articleHow to Set Up a Franchise in New Zealand?
Franchising
Read articleI Am Signing a Franchise Agreement in NZ. What Do I Need to Know?
Franchising
Read articleHow Are Franchise Fees Calculated?
Franchising
Read articleCan You Patent an Idea in New Zealand?
Intellectual Property
Read articleWhat is a Trade Secret in New Zealand?
Intellectual Property
Read articleHow to Apply for Patent Protection in New Zealand
Intellectual Property
Read articleCommercial Lease Agreements in New Zealand
Property and Leasing
Read articleHow Can I Get Out Of My Commercial Lease Early in New Zealand?
Property and Leasing
Read articleCan My Landlord Terminate My Lease in NZ?
Property and Leasing
Read articleWhat is the Fair Trading Act in New Zealand?
Regulatory and Compliance
Read articleWhat is the Consumer Guarantees Act in New Zealand?
Regulatory and Compliance
Read articleFair Trading Compliance: 5 Tips for NZ Businesses
Regulatory and Compliance
Read articleHow Do I Start a Home Business in New Zealand?
Startups
Read articleHow to Start a Labour Hire Business in NZ
Startups
Read articleHow to Start a Non-Profit Organisation in NZ
Startups
Read article5 Ways to Maintain Your Trade Mark in New Zealand
Trademarks
Read articleProtecting Your IP: How to Prevent Counterfeits in New Zealand?
Trademarks
Read articleWhat Are the Different Types of IP in NZ?
Trademarks
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