Actions can be brought against Directors personally by one or more of the following persons:
• a shareholder;
• the Company;
• a liquidator;
• a regulator (for example the IRD); and
• a holder of a personal guarantee.
This On Demand webinar outlines these actions, the consequences, and the practical and legal steps a Director can take to reduce the likelihood of a claim being brought, to improve the chances of successfully defending it and to mitigate its impact on their personal assets if the action is successful.
Benefit from a greater understanding of:
- where the risks can arise and how to structure the affairs of a Director so as to minimise any impact;
- the approach that claimants typically adopt in pursuing actions and some successful strategies in defending them;
- the protections that:
- a Company can employ for its directors (including indemnification and insurance), and their limits; and
- a director can personally implement, including to quarantine any losses incurred.
Who should view?
Corporate/Commercial Lawyers and General Practitioners at all levels, as well as those who provide advice to Directors and owners are likely to find this topic of interest. Accountants, Insolvency Practitioners and Financial Advisers will also benefit from attending.
Brent Norling is the Director of Norling Law, a specialist Litigation and Dispute Resolution practice with a focus on insolvency and restructuring.
Brent regularly appears at the District Court, High Court and appellate Courts.
Brent is an author of Heath and Whale on Insolvency in New Zealand for LexisNexis and is an author of Insolvency Precedents for Thomson Reuters.
Brent regularly acts for liquidators against Director/Shareholders and more recently has acted for Director/Shareholders in defence to various claims.
As a partner in Hesketh Henry’s corporate and commercial team, Chris assists directors to identify and manage legal risks. His experience includes counselling directors dealing with environmental contaminations, fatalities and serious injuries in the work place, voluntary disclosures to regulators and shareholders claiming prejudicial treatment.
He advises directors on their rights and responsibilities (including in shareholder disputes) and assists businesses to implement good governance practices, including by drafting shareholder agreements and commercial contracts that protect his client’s interests and provide directors with timely access to critical information.
Chris has also designed and assisted with the roll-out of compliance programmes which assist directors to comply with their statutory duties.
Stephanie is a Senior Associate in the Litigation and Dispute Resolution team at Hesketh Henry with 15 years’ legal experience.
Her insurance practice is significant and her work includes advising on professional indemnity claims, cover issues and recoveries.
Stephanie is one of the authors of the on-line insurance law publication for LexisNexis known as “Insurance Practical Guidance"