Shareholder Agreements Albany, Auckland

Importance Of A Shareholder Agreement

Brandon Cullen – Commercial lawyer

A shareholder agreement is vital for every company in Albany with more than one investor. It is through the agreement that each stakeholder’s roles and responsibilities can be outlined. Outlined below are a few reasons why shareholder agreements are vital and how an Albany contract lawyer can help prevent some huge issues further down the track.

1. Most companies are set up in haste, which means responsibilities and agreements aren’t properly defined. Some companies even use articles to define each stakeholder’s role in the company. The main reason why you need a shareholder agreement is that, it helps you draw lines and even detail how company provisions will be shared among the stakeholders. It also contains limitations, roles, and protective clauses for each stakeholder.

2. Only registered company stakeholders have the clearance to view shareholder agreements. The public can view agreements published in articles, which isn’t recommended for such documents should be restricted for private viewing only.

3. Company law, which governs companies in both statutes and case law may not apply to stakeholders. Shareholder agreements are therefore important as they help govern the company within/outside company law. This makes shareholders abide by the company’s set laws and stipulations.

4. Agreements set precedence over decision-making roles. Most delegate decision making to a board of directors, who have the power to make critical decisions on the company management. Other key roles assigned to these directors include company ownership, defining powers as well as protecting the company. The agreement also provides clear jurisdictions and processes involved in decision-making and provision of powers especially where every stakeholder is involved. This also helps protect involved parties in running the company regardless of one’s position.

5. Shareholder agreements help govern and limit each stakeholders actions especially where the company’s future is at stake. When there is a crisis in the company, and partners have different opinions as per what should be done, the agreements or memorandum of understanding (MOU) limits them from taking steps that could harm the company’s future. The MOU helps company owners settle disputes and other disagreements amicably without risking the company.

6. A shareholder agreement gives stakeholders the capacity to raise money for the company’s financial need. This helps stabilise the company’s operation, as well as increase the chances of potential investors investing in the company. The agreement also provides a clause that allows stakeholders to raise money for other institutions and financial entities.

7. Through a shareholder agreement, each shareholder is safeguarded financially. Should a shareholder pass on, the agreement allows a next of kin to take this person’s position, and that his or her family benefits from the company’s profits. An individual’s action within the company operations is also protected under the shareholder agreement. The main purpose of these agreements here is to protect the company against actions that could see to its demise.

8. Minority and majority shareholder’s interests are all protected under the investor’s agreements. This means all the shareholders have an equal say in regards to the company’s operation and future. This is unlike companies that operate under the article of association that favours the majority vote especially where amendments are needed. A shareholder agreement ensures that all shareholder interests are protected regardless of their status. This enables minority shareholders have a say on the company’s mode of operation and decision-making. This means every person’s actions and views are considered when making amendments.

The factors outlined above a just a few of the many aspects and benefits that come with having a shareholder agreement in a company. The best thing about these agreements is that, they all start as a draft, which are amended from time to time as needs arise.

Another fact about shareholder agreements is that, they are legally binding even when in draft mode. This makes it a foolproof agreement since all shareholders have to take part if amendments are needed. Since every shareholder is required to sign this document, it would be advisable for you, as a partner, have a legal representative advice you on the same before signing it. The lawyer should be able to detect clauses that do not address your issues and are too restrictive in your case.

Clearly it is extremely important to have sound legal advice when drawing up any shareholder agreement so that it can stand up to legal scrutiny should the need arise. Further it must fairly represent each shareholder and their interests. You need a law firm that has the relevant knowledge for this aspect of commercial law. For convenience it is also probably a good idea to work with a local Albany commercial lawyer or a larger North Shore law firm such as McVeagh Fleming Partners in Albany.

You can get more details by visiting their website here.

www.mcveaghfleming.co.nz

Contracts

Important Reasons Why A Lawyer Should Draw Up Terms of Trade For Your Business

Whenever you establish trade or business dealings with another party that is intended to be a lasting relationship, you should have a lawyer draw up the terms of the agreement into a contract. For people conducting business in north Auckland this Albany commercial lawyer can help.

Senior Business Man – image by Ambro

While terms can be agreed on verbally, it is not a good idea to leave it that way. Written agreements will hold up in a court of law, verbal agreements are very difficult to authenticate, which is very easy to see why. Verbal agreement is subject to memory and is difficult to substantiate. This page has some broad insights into contract law.

For example, the types of goods and services that are agreed upon that will be in the transactions need to be written down contractually, as well as the terms of the sale. How the goods are going to be paid for, whether or not credit will be extended, and under what terms it will be extended needs to be in writing.

Shipping and delivery are two important facets of a good business arrangement that has to be in writing in order to cover all contingencies. What happens when shipments go bad and don’t arrive on time needs to be written into the contract as well as any warranties and guarantees that might be extended.

Prices and extra charges, if any also need to be a part of the contract, as well as any discounts to be offered, and under what conditions will the discounts be offered. Packaging and containers should be added if they are significant enough to help defray breakage, spoilage, or any type of damage to the products and goods being sold. It is also a good idea to include a clause about late payment fees. If you do not have that included in your terms then you cannot charge for interest on unpaid bills.

An Albany commercial lawyer will be familiar with the current contract laws and any legal situations that might affect the business relationship. If any situation locally would affect the business relationship, a local lawyer would be aware of its influence.

Geoff Baxter – North Shore Commercial lawyer

Businesses who start out in a commercial relationship with an understanding on both sides of a buying and selling interaction have a good chance of keeping that trading relation on good standing for a long time. Relationships where there is no understanding about the various topics just discussed, will at some time, have differences of opinion about what was agreed to in the past, and there is danger that the trading could break apart.

 

A smart business person covers as many contingencies as they can before any trouble develops. It is smart to cover each and every contingency beforehand, and then everyone can concentrate on the part of the business relationship that they are good at, and they do not have to worry too much about the legal details.

Nothing sours a business relationship like bad payments so make sure your terms of trade cover you with your customers.  Having your Albany commercial lawyer put the agreed upon solutions down on paper in a contract clearly explaining your terms of trade makes it easier for all parties to enjoy a prosperous and successful trading partnership.

You can get more details from McVeagh Fleming Partners a long-established Albany law firm.

 

www.mcveaghfleming.co.nz

Legal Considerations When Setting Up a Trust

North Shore trust lawyer

As far as the law is concerned, a trust is relationship where one party is allowed to hold property for the benefit of another. A trust is set by a settlor who transfers all or some of their property to a board of trustees. The trustee holds the property for the benefit of the beneficiary. Trusts have existed for many years and have greatly contributed to property and estate law.

A trust may be set by a settlor, who creates a trust deed which defines the trustees, the settlor, and terms and conditions of the agreement.

What is included in a Trust?

Since a Trust is a legally binding document it is important that it is very clear in its intentions. There are many court cases where people have disputed the trust deed after the death of the Settlor. These cases can be very expensive so you must be clear at the outset.

When setting up a trust, the subject matter must be clearly identified. The trust must state the specific property held under the trust. The property could be real, intangible, tangible or personal. Often people on the North Shore will include real estate, cash, shares or businesses they own.

The trust must clearly identify the beneficiary or beneficiaries of the trust. This saves argument at a later date. The law allows the settlor to include people who are not yet born at the date of forming the trust. This could include future grandchildren.

A trust cold be set up for specific purposes such as a college fund for when a child or grandchild starts their university career.

Similarly, the objective of a trust could be to benefit a charitable organisation. Thus, this type of a trust is for charitable persons rather than specific persons. It is important that the beneficiaries of the charity are not associated in any way with the relatives of the settlor or the trustees.

Trust administration

The trustees become the legal owners of the property and assets held within the trust. Sometimes people forget this and continue to act as if they were still the legal owner. Any decisions taken must be for the best interests of the beneficiaries not the settlor.

A trust could have more than one trustee and in fact it is a good idea to have more than one especially if one of them is a qualified professional such as a lawyer or accountant. (This is a good firm of trust lawyers on the North Shore). The trustees have a fiduciary duty to the beneficiaries and may have other roles to play. The roles include the duty to inform and care for the beneficiary.

Family trust for property

A trustee is under obligation to adhere to the mentioned duties but if he does not want, it can be removed through a legal action.

A trustee could be a person, or a company. The law does not recognise the trust itself as a person and therefore it cannot be sued. However, any litigation against a trust must be filed against the trustees. This is why when constituting a trust, the names of the trustees must be clearly defined. Trustees have rights and responsibilities bestowed on them by the trust instrument or by the jurisdiction. In a case where there are no trustees for a trust, the court may appoint a trustee.

Responsibilities of Trustees

The main job of a trustee is to administer the affairs on behalf of the trust. It may include prudently investigating the assets of the trust, accounting for and reporting to the beneficiary from time to time. They also responsible for filing tax returns, and should perform all other duties the law requires them to perform. This includes maintaining memoranda, meeting agenda and minutes of the Annual General Meeting.

The trustees may depending upon the trust deed make discretionary decisions as to whether the beneficiaries should receive the assets or not. The trustee may be personally liable for the trusts problems and could be fiduciary liable. However, they are able to purchase liability insurance to protect themselves against legal challenges.

Conclusion about setting up a Trust

When creating a trust, the law sets some limitations which must be adhered to. However, the settlor has discretion to do what they wants as long as they operate within the laws.

As the laws and tax requirements of a trust are complex, it is strongly advised that you seek legal advice at the start. A good firm of North Shore trust lawyers is McVeagh Fleming and Co

North Shore Law Firm

Law Firm Can Help With Your Legal Problems

At most times in people’s lives they need to consult a lawyer. This can be for a whole range of different necessities. Some are for a positive need like buying your first home while others are not so enjoyable. Our aim is to make your experience with the legal profession as easy as possible with the minimum of distress and time expended.

One common complaint that people have about lawyers is that the client does not fully understand what is being talked about. For the nitty-gritty of each case, the language between lawyers needs to be very specific. The laws are so complex that this unknown language is necessary for the clients to get to the outcome they are looking for. However, this does not make it easy for the client to follow.

On this site we aim to make some more common issues and situations easier to understand. It is important to realise though that anything expressed on this site does not constitute actual legal advice. These are articles intended to make readers better informed so they can get a better understanding of their situation. Whenever you have legal issues, you must consult a lawyer and not rely on anything you read online. This is because each person’s situation is different and a lawyer can only advise when they fully understand the specifics of any single circumstance.

Some common legal situations

North Shore real estate lawyer

Not surprisingly there are some situations which arise more often than others.

For the majority of people their dealings with the law will probably be a real estate solicitor to help them with the sale or purchase, the conveyancing, of their home.

Some people may take this further and invest in rental properties which requires the same property transactions but may also need additional services such as setting up a family trust or a company that will own the rental houses. If you do establish a trust, then you will also need proper administration of that trust so that it operates correctly within the tax laws of New Zealand. People have been fined for not managing their trust correctly.

Following on from setting up a trust is an aspect that many people overlook. It relates to wills and how to manage your estate. Too many people ignore this but doing so can leave your family without a clear intention of how you want your estate to be divided. This can lead to family disputes and your intentions may not be carried out as you wanted.

Commercial property investment is another common legal issue.

Brandon Cullen – Commercial lawyer

Within the commercial arena, there are numerous ways commercial lawyers on the North Shore can help. If you are selling or buying a business you will need legal help with the sale transaction itself. In addition you may have commercial leases to amend for premises or plant. This can also lead onto employment law topics if you have employees in your business.

One area that is by definition a difficult one is that of disputes. These can vary from neighbours disputing fences and boundaries to bigger issues arising from breaches of contract. Unless there is a clear-cut breach of the law by one party, often, the lawyers can negotiate an outcome that is a suitable compromise for both parties.

Talk to your lawyer sooner

In many situations, the sooner you make contact with your lawyer the better it will be. Possibly that can advise not to take matters any further or they may be able to send a letter to the other party to bring about a swift result.

Other times, they will help you work though the case to reduce the time spent on the issue or to lessen any stress you might endure.

Whichever, until you actually contact a firm of North Shore lawyers, if that is where you are based, the situation will not be resolved.

Divorce And Why It Occurs Around The Holidays – Albany Lawyer’s View

Divorce And Why It Occurs Around The Holidays

Divorce in Albany – image by David Castillo Dominici

For people living on the North Shore of Auckland or anywhere for that matter, divorcing is no fun, nor is separation. When you and your partner have had as much as you can stand of the other person, for whatever reason, this will inevitably cause problems. But the problems seem to be even bigger around holiday time often leading to separation or even divorce. Either of these situations can led to acrimonious, lengthy, expensive legal wrangles requiring either or both of the spouses to seek advice from a divorce lawyer in Albany. Let us discuss why divorce and separation are bigger around the holidays.

1. Too much time together- The holidays means a couple is likely to spend more time together than they are used to. For the rest of the year they see each other in the evening and at weekends. But in the holidays they have 24 hours a day in each other’s company. This can cause friction for a variety of reasons – lack of tolerance for the other person, lack of breathing space, someone wanting to be in control, or any of a whole host of other causes. The usual “ships in the night” time during the rest of the year can be tolerated but when two people are thrust together for two weeks without a break, this can reach a point of no return with one or both sides wanting a separation or divorce.

2. More responsibility- Everybody knows that when some holidays approach, then things can get hectic, especially around Christmas, Easter, New Year and so forth. Too often the extra responsibility falls on one of the partners, typically the female. The additional burden may cause her to get resentful of the lack of effort by her partner who may not even notice the extra work she is doing. Not surprisingly the partner who is bearing the extra work can rise up and an argument can ensue which can lead to the separation.

3. Social obligations- The main holidays especially Christmas, tend to feature lots of socialising. For some people this is a great time but for others it is a horrible experience. This situation becomes worse if one of the couple loves to party, go visiting or having people around but the other resents the imposition of outsiders. A common situation is having to spend extended time with the in-laws. The feeling of obligation can become overwhelming for some people. The other partner might also feel resentment because their spouse will not make an effort at this special time of year. Either way, the social obligations of the holiday period can often lead to the break-up of a marriage.

4. Misbehaving children- At holidays the children are off school and at home. If the weather is bad then they have to stay in-doors. This can be a big issue if the children cannot burn off their energy. Their behaviour can become too much for the parents. Added to this is the excitement of the holidays themselves, particularly at Christmas. In addition, the parents are having to spend all day with their offspring rather than the usual time after school. All in all, the constant presence of excited and highly active children can wreak havoc with some parents’ mental and emotional state leading to arguments with their spouse or just wanting to leave the family.

5. Added expenses- Perhaps the biggest of separation leading to divorce is the age old topic of money. For most families there are financial strains but these become exacerbated at the big holiday times. The feeling of having to buy more presents at Christmas puts crazy pressure on some people. The perceived need to keep up with the Jones’s has cause so many marital difficulties.

6. Added stress- With all of the things mentioned above, you can probably guess that you would be under more stress when you are alone and the holidays start approaching. People’s nerves are on edge, their patience is shorter and expectations can be huge.

Dealing with separation – Albany divorce lawyer

Albany divorce lawyer

If you have suffered from these or similar situations and feel you have to separate from your partner, the first thing to do is consult a divorce lawyer in Albany or somewhere close to where you live.

They will give you advice on your rights and obligations. This is important as the laws in New Zealand provide equal rights to both spouses. But it is very common for one of them to try to get the other to agree to terms in their favour especially around the allocation of their joint assets. The laws for relationship property, child custody, and child support are very clear unlike other countries where these can be negotiated. In this country the laws are clear and specific about each party’s responsibilities.

It is essential that you do not sign any documents until you have consulted your own divorce lawyer who will ensure that you are fairly treated during this stressful process.

If you live on the North Shore and need a divorce lawyer in Albany, McVeagh Fleming and Co is one of the most respected law firms in the area. For more details about their service click here.

http://www.mcveaghfleming.co.nz

Key points for buying Albany Commercial Property

Dealing in commercial property can be very confusing especially for investors new to the industry since there are so many different types of properties in the non-residential market. These can include office blocks, warehouses, shops, hospitality venues, childcare centres and many more. The aim of this article is to simplify the process of finding a suitable location to buying commercial property in Albany; all you have to do is to follow the simple points as laid out below.

As most commercial property is purchased through some method of financing, it goes without saying that the property in focus must be properly appraised. The appraisal can be done with the help of professional valuers. These are generally members of a panel of valuation companies approved by the main banks. If you use these people for a valuation then you can take that appraisal to almost any lending institution. The appraisal will give a good indication of the rental income potential as well as the value of the physical property. It should highlight nay works that need to be carried out so you can use this in the price negotiation with the seller. A good appraisal will also suggest how rental income might be improved by showing comparisons with similar buildings in the area and how the current rents compare. The potential buyer of the property will know the risks they are taking and also the true value of the property.

Any commercial real estate investor should get to understand the market they are operating in. This not just the value of other buildings but the market the tenants work in too. For example, a car panel beater will have very different income and cash-flow compared to a specialist engineering fabrication company. You need to know the business of your tenants so you can set your rental income expectations accordingly. For this reason it is often advisable to focus on a certain type of commercial property. To illustrate, you might prefer to buy medical facilities rather than warehouses. It depends on your goals and your market knowledge. If you want some further information, a good commercial property lawyer can give some advice on Albany real estate to think about.

Finding commercial property in Albany

These days the Internet plays a major role in most people’s hunt for commercial investment property. Investors can carry out good searches for the type of property they might want to buy plus they can see some typical rental lease income they might expect. However, this is only ever going to be indicative and certainly does not have any meaning in reality. As you search online, look at all available options that suit your budget but the only way to get hard data is to talk to an agent.

Getting solid advice on commercial property in Albany

A good commercial property lawyer in Albany is indispensable in making a good real estate deal. All the loose ends must be tied up and nothing must be left to chance. The sale and purchase agreement must be reviewed and assessed before entering into any contracts to buy a property. The title deeds must be properly scrutinised so that all details are absolutely correct. In short your interests must be protected at all times.

Finding tenants for commercial property

Leasing your building – image Stuart Miles

As a landlord looking for tenants for any property, it is advisable to do a background check on the people wanting to occupy the property. This is even more important for commercial property than it is for a residential let. If you get a tenant for a house and they skip town without paying a couple of months rent it is an inconvenience since you can easily find a new occupier. However, if a commercial tenant does not pay their lease, the cost to you is much higher running into thousands of dollars rather than a few hundred. Also it is much more difficult to find a new tenant so you can be left without income for a number of months. So it is imperative that you look at any potential occupying businesses and understand their cash-flow.

It is much better to get details clear at the beginning rather than have to try to enforce issues down the track. Again your lawyer can help in setting out the lease agreement and the tenants obligation.

Potential growth value for commercial property

It is important that the property fits into the type of real estate that you are keen on acquiring. Most people look at the income and profit of the building as it currently operates. After all, this is what you are actually buying. However, some people can see how a building or a locality might develop over time. In this case they may be willing to carry a lower current profit or even a loss on the basis of a major capital increase over time. However, you need to be able to afford such an investment. For other people who may not be as comfortable with this type of risk, it can be wise to park your money on deposit with a bank than be in a real estate venture that might not pay off.

Cash-flow forecast for commercial property investment

Commercial property lawyer Albany

As with any property, the cost of maintaining the building has to be worked into the cash flow. Generally the lease will require the tenant to carry out maintenance and up-keep of the property. However some major items like replacing the roof for example, may not be regarded as maintenance. The lease must be clearly laid out regarding who has responsibility for what type of work on the building. Your lawyer will be able to give you some goo pointers here. Also you need to be able to carry out these big repair works and that will require either cash or the ability to borrow to cover the costs.

After going through the points in this article, many readers will see that buying commercial property in Albany is actually within their reach. Before you embark on any project though the best advice is to talk to a specialist commercial property lawyer such as McVeagh Fleming and Co. They are the largest law firm on the North Shore and have a highly experienced team of solicitors who can help you. For more details click here for their website.

Conveyancing property on the North Shore

Conveyancing and buying property on the North Shore

Although buying a house may be a serious adventure, there are also a few pitfalls to look out for. If you are not careful, instead of it being an exciting adventure it will become a complicated and expensive nightmare. The following are some tips from a North Shore conveyancing lawyer. As you read them, you will find out how to avoid some of the more challenging issues and enjoy the process of buying a property on the North Shore of Auckland.

 

Buying a house – image photostock

The best piece of advice is to talk to a mortgage broker before you begin your search for a dream home. Too often people find a house they would love to buy only to be severely disappointed later when they find out that a bank will not lend them enough money to make the purchase. It is well worth your while to spend an hour having an open and honest discussion with a mortgage company so you can get a good feel for what you can afford to buy.

Once you have that idea of your price range you could also start the approval process. This is when the lenders run credit checks on you and make an offer of a mortgage. This does not mean that you will definitely be able to buy any house you see as the bank will want to have a valuation carried out on the property to cover their mortgage risk. But it does give you bargaining power to say to sellers that you are pre-approved for finance. In the current housing market in Auckland every little bit of an advantage, however small, could work in your favour.

Once you have found your dream home and you are prepared to make an offer be prepared to act quickly. Many times a seller will want to make a fast settlement so have talk to a conveyancing lawyer before you find your home. This way they can prepare their files and do any preliminary work for you. For more information about how a North Shore conveyancing lawyer can help, click here.

Many people consider the swimming pool as a sign of success and an added value to the selling price. Unfortunately, this is not the case, because a pool requires high maintenance, which involves high costs. They are also viewed as dangerous for children. This is why, in reality, most people see the swimming pool as an unnecessary addition and are not willing to pay extra for it.

Up until December 2013, it was possible to pay just a small amount as a down payment, often as little as five per cent, now the government requires new loans issued by banks to have an average of 20 per cent deposit. While this has raised the bar for buyers it actually does a big favour to people. This is because the interest on a typical mortgage is around the same amount that is borrowed – i.e. people pay back twice the figure they took out on loan. This is a huge amount running into hundreds of thousands of dollars. So having a bigger deposit means that you will be paying less in total interest over the life of your mortgage.

Conveyancing lawyer Albany

If your price range is limited, an important piece of advice is to look at buying a house in the outer suburbs of the area. Besides the fact that it is more peaceful, your children will be able to play outside without constantly watching them plus, a house may be bought for a considerably cheaper price than one near the centre of say Takapuna.

It is common for people especially novice house buyers to spend more than they need or to have some regrets after they have settled the purchase. To reduce these downsides, talk to professionals including a North Shore conveyancing lawyer. They will be able to guide you through the process and avoid any unpleasantness along the way.

www.mcveaghfleming.co.nz

A Lawyer’s View on Commercial Real Estate in Albany

Dealing in commercial real estate is all about ensuring you get things right the first time around. When it comes to residential properties, you have more leeway for making mistakes. This is not the case with commercial property investments and letting. When you are dealing with commercial properties, you are going to be investing a lot of money in one shot. Look through these tips and implement them before investing in commercial real estate in Albany.

It is important to make sure you are hiring the right kind of professionals on your team before moving forward with commercial property investments. There are many things you need to take into account besides the actual purchase process. For example, you need to consider any rental leases that are in place. If you can get a lawyer that understands this side of the business and the legal issues that come along with it, you will be better off. This is why a lot of people spend good money on getting a good lawyer.

When looking to purchase commercial real estate, you have to make sure you have a purpose behind purchasing it. What are you going to do with it? Make it a retail outlet? This will ensure that you get an optimal solution that is not going to be wasted.

Always make sure that you have a long-term plan before moving forward. This will make sure that you are looking at maintenance as well. There are a lot of expenses that can come along with such purchases (i.e. rewiring, plumbing, and roofing). Often the tenant will be responsible for these upkeep issues but you need to check that these are specified in the commercial lease with your lawyer.

Make sure that you know what underlying problems might arise. Pro-formas tend to look nice at first glance, but that does not mean they are completely valid. You have to be careful before venturing down this path. Make sure that you are looking into what would happen if you lease it for six months compared to only two. What could happen if you do this?

Always look to do a bit of research prior to purchasing the property. This means the city and neighbourhood have to be looked at. The area should have a lot of potential with many prospective consumers in and around the area. Is your property retail or industrial? These will have an impact on the type of local activity you need to consider. It should also be a safe place. If there is vandalism or mugging in the area this will not attract good tenants.

Whenever you begin to negotiate the mortgage, it is critical to get a long grace period. This can ensure that you are not penalised when you want more time for the tenant to pay you. This can be very helpful in getting more tenants for your commercial property once it has been purchased.

Never let this process get the better of you because it is not so difficult once you get a hang of it. Always follow the information that is being provided to you, but don’t be afraid to do your own research too. If you don’t end up doing this, you are going to make a decision which will leave you broke. This is a risk no one wants to take and you shouldn’t be either as long as you follow these tips.

However, as mentioned at the beginning it is essential that you find the best people to work with you. Perhaps the most important is a good commercial real estate lawyer in Albany. A highly experienced firm of lawyers is McVeagh Fleming. They have specialists in this aspect of commercial and property law who will be able to advise on many aspects of investing in commercial real estate in Albany.

Employment Lawyer for Termination of Employment in Albany

Employment Lawyer for Termination of Employment in Albany, Auckland

Having an employee that disrupts your staff and customers or is not effective in their job can be very frustrating for an employer. Many bosses would like to sack an employee but dismissing an employee is not easy. In fact, if you go about the process in the wrong way, then the company can be liable to legal charges. Talk to a lawyer before you undertake any disciplinary action with any staff members. This article is not legal advice but is intended to give you an indication of some of the requirements of dismissing and employee in New Zealand.

You’re fired – image imagerymajestic

A lawfully acceptable termination of employment for your workers must be:

• Procedurally done in a fair way
• Warranted as a result of certain actions

Any warranted dismissal must be within genuine reasons, not some personal dislike by the boss, while the fairness will depend upon the circumstances or the actions of the employee. In some situations, the employer will have given a warning before dismissing an employee and in some situations a warning may not be required as shown below.

In the event of an employment dismissal, an employee can head to the Employment Relations Authority to open a personal grievances claim based on any unlawful dismissal or warning issued by the employer. The employee stands to be compensated for lost wages and distress damages if the dismissal is found wanting.

The Employment Relations Service is a section of the NZ Department of Labour and is there to help deal with employment problems by providing information and mediation services. Remember that to justify the employment dismal a genuine reason must exist. Employers do have legal grounds of dismissing an employee without giving any warning as shown below.

A Serious Employment Misconduct Dismissal without a Warning

Cases of serious employment misconduct can warrant a dismissal without any previous warning. Also called a summary dismissal, the employer can dismiss the employee without giving any notice. Normally notice is required but under certain circumstances, this is not the case. Nevertheless, the whole dismissal procedure must be done in a fair manner. An employer can be dismissed immediately for one or any of the following issues in the conduct of the employee in the work place:

• Dishonest conduct like theft
• Physical assault on other employees in the workplace
• Breaking of the rules of the employment contract
• Disobeying a direct reasonable or lawful directive from the employer
• Possession of illegal substances in the workplace

Regardless of the dismissal, gross misconduct or otherwise, the employer is legally bound to give all outstanding wages and entitlement payments as recorded in the employee’s salary in the employment contract.

Poor Work Standard

An employer cannot sack a staff member for the first incidence of poor work or minor misconduct. The legal process requires the employee to give an initial oral warning, then a formal written notice, and a final warning in writing, which will then warrant the dismissal. However, as simple as this sounds, there are guidelines for how those warnings should be phrased so it is highly recommended that you talk to a lawyer specialising in employment law prior to issuing any warning.

The Steps in Dismissing an Employee – Procedurally Fair Dismissal

A procedurally fair dismissal must adhere to certain steps for it to be lawfully acceptable. The steps are applicable to both an immediate dismissal without a warning and a summary dismissal following the three warnings outlined above. They include:

• The alleged behaviour should be fully investigated.
• The employee should be allowed to have a lawyer or support person present during the presentation of the allegations.
• The employer should hear the employee’s side of the story.
• The employer should hear the employee’s side of the story.
• Informing the employee of the nature of the allegations indicating the possibility of a dismissal based on the alleged actions.

If the issues do not warrant a summary dismissal, then the employee should be warned and given a chance to improve on his or her faults before the dismissal. The employer should assist the employee where necessary. This should follow the three warnings process.

The staff member must receive the rationale for the decisions agreed upon, which should be done before the employment dismissal. Note that, the employee is within their legal rights to request a statement in writing for the reasons for the employer’s action. This must be a maximum of 60 days after being dismissed. The employer should deliver their statement within a fortnight

The dismissal notice must be in writing.

Summing up

Lawyer if sacking staff – imagestockimages

As you can see this is a complex issue and to repeat, you must follow the process exactly and use specific phraseology. In truth, this area of law is generally even outside the scope of most general practice lawyers so you should be very careful before you proceed. Any employer is best advised talk to an expert employment lawyer to avoid complications and sometimes, huge financial damages down the track.

At McVeagh Fleming and Co in Albany an employment lawyer provides advice and legal services on dismissing an employee for North Shore businesses. Call them or go to their website here.

You Should Use A Lawyer For Debt Recovery

Debt recovery problems – image artur84

If you have debtors owing you significant amounts of money then you should really be using a lawyer for debt recovery. They can help you out when you get stuck and will make sure you are following all of the rules so that you do not fall foul of any challenges the debtor might make. They might cost you money but they will be worth it.

When you are thinking about a debt collection, it can get very overwhelming. There is a lot your need to know about the process. You need to know what is going on so you do everything correctly. If you make a mistake if could really mess everything up.

No matter how you got into the situation you are in, you need to figure the best way out. You simply need to deal with the debt collectors. If you do not it will just get worse and things will never get better.

Being in a place where you need a lawyer like this is not a good feeling. It can make you feel like you failed. You should not give up. There are ways to make things right, you just might need a little help getting there.

A dispute lawyer can help you sort everything out. You will be able to sit down with them, let them know what debts are owed to you have and go from there. They should have the experience to help you through it.

If you are in need of a lawyer, it might take some time to find a good one. You want to make sure that whoever you hire is professional and has experience in this area. For people on the North Shore in Auckland you can try McVeagh Fleming & Partners. You also want them to be able to know exactly what they are doing. If someone is brand new to the law they might not be the best choice for you. The firm mentioned above is one of the biggest in the Albany and North Shore area.

When you are interviewing any prospective lawyer for debt recovery, you want to ask them the right questions. Do not be afraid to find out they will be a good fit for you. Also, remember to find out how much they charge and what services they offer. You want someone you can afford that can offer you what you need.

If you can, try to read some reviews about the lawyer. You want to know what type of person they are and how they can help you. You also want to know if they are someone you should probably be staying away from.

You can also ask friends and family if they know any good lawyers for effective debt recovery. This might be a sensitive topic as you don’t want a lot of people to know why you need a lawyer. Only ask those you are comfortable with. You don’t need to share your troubles with the world if you don’t want to.

You want the process to go as smoothly as possible. Part of that is hiring the right person to help with you with the job. Doing so will go a long way in helping you get it all sorted out.

Lawyer to recover your debts

Once you found the person you would like to hire, you can start the process. Contact them and find out what you need to do. They could have a specific way of handling how to get set up with them.

Often a simple debt recovery letter from a lawyer to the people who owe you money will be sufficient to get the payment made. After all, people, especially companies, do not want a reputation for not being creditworthy. So when they see that you mean business, they will frequently settle their outstanding debt with you. Other times the lawyer may need to take further steps but let’s hope that the initial contact from your law firm will remedy the situation.

Debt collection is a stressful time for everyone involved but with the help of a good lawyer you should be able to get through it. They can walk you through step by step until the process is over. It really is in your best interest to hire a lawyer for your debt recovery.

Once the whole process is over you will feel much better about things. You will be glad you did hire a lawyer to help you out. It will make the whole process go a lot smoother and of course, you will have your money in the bank too.

If you want to contact that law firm you can find them when you click here for their website.