We are due for the October OCR announcement to come out this week with pundits predicting that we may see a 50pt drop given the current state of the economy. However, we won’t have the CPI and inflation figures available for public release for another few weeks/months so at this stage the OCR decision could conceivable go either way (hold or drop) In insolvency news, I understand we saw the first Licenced Insolvency Practitioner lose their license following a CAANZ disciplinary tribunal hearing for a number of breaches including misconduct, conduct unbecoming, Rules and Code breaches in insolvency engagements and non-response to NZICA. The full decision can be found here. Winding Up Applications September came in just behind the August…

For our 45th Insolvency by the Numbers, we once again visit our 2024 data set and review how August has tracked compared to earlier months and years. It has been a long time coming and surprised a number of pundits given the earlier language used by the Reserve Bank in its prior announcements, but they have dropped the OCR 0.25 basis points at their August 2024 announcement. As mentioned in out last issue this was expected for November 2024 but was brought forward perhaps yielding to the pressure, they were under from commentators and the media. No doubt they will be holding their breath in the hope that inflation continues to track down to their 1% – 3 % target.…

When you pay a deposit for a service or product and the company fails to communicate, it's a frustrating and concerning situation. This article explores how/when to use a statutory demand to recover your funds if you suspect the company may be insolvent. We also discuss steps for smaller disputed debts within the Disputes tribunal, recovery of larger deposits, and specific considerations for building agreements in New Zealand. Additionally, we will cover the possible costs and time involved in pursuing legal action, and why such cases are often not pursued due to economic reasons. Scenario: Unresponsive Company Holding Your Deposit Imagine you paid a significant deposit to a company for a building project. The company has since ceased all communication,…

When a business encounters cash flow difficulties and an excessive debt burden, it is important to navigate these challenges carefully. Trading while insolvent not only jeopardises the future of your business but also exposes you to legal exposure. Here are several actions to avoid and some proactive solutions to consider. What Not to Do: 1. Preferential Treatment of Suppliers with Personal Guarantees: o Avoid prioritizing payments to unsecured creditors and suppliers who have personal guarantees. This practice can be deemed as giving unfair preference, which can deemed voidable and can be reversed by a liquidator and/or court if the company enters liquidation. It is essential to treat all suppliers fairly and equally to avoid legal repercussions. 2. Increasing Exposure to…

In our 44th Insolvency by the Numbers, we look at the July 2024 data set and we review how the month has tracked compared to prior months and years. Unsurprisingly the Reserve Banks made no change to the OCR at their July 2024 announcement. Banks and independent economists now expect the first drop may come in November 2024. June quarter inflation figures came in at 0.4, bringing the annual inflation rate to 3.3. This was driven largely by tradable inflation coming down, non-tradeable (“domestic”) inflation appears to be a bit stickier however. No doubt the next quarter inflation figures may not show as much of a drop with the recent rates rises pushing through and the adjustment to tax bands…

What's the difference between bankruptcy and liquidation? This is one of the most common questions that we field from directors and individuals we don’t fully understand how the different types of insolvency may apply to their current situation and how it will affect them. Given the current climate we are in with company insolvencies on the rise it pays to understand the difference. While there are a number of detailed differences in simple terms bankruptcy is personal, and liquidation is for commercial entities (companies, trusts, incorporated societies etc.) The confusion often arises because of the use of the bankruptcy term in relation to companies in the USA which we often see in the media and on TV shows -XYZ company…

Most of us go into business because we want to make a decent living doing something we enjoy. We want to be able to provide for our families and enjoy the fruits from our efforts. One of the biggest mistakes business owners – particularly new business owners – make is confusing profit with revenue. Don’t assume just because the money is in your bank account, it’s available for you to use. As a business, you need to put your liabilities – debts, paying suppliers, payroll, tax obligations, etc – first. Remember that the money you take out of the business can’t be used for growth, and growing the business is what will allow you to continue to increase your personal…

Insolvency by the Numbers: NZ Insolvency Statistics June 2024 In our 43rd Insolvency by the Numbers, we look at our data set for June 2024. We review how the month has tracked compared to prior months and years. We once again await the Reserve Banks latest announcement around the OCR in July 2024 to see if there will be any signal of change in when the rates may drop. The consensus appears to be that there will be no change till 2025 and no signalling otherwise. There are however murmurs that when the rates begin to drop they will be dropping quickly, time will tell how this plays out. Business confidence is reaching new lows, this includes the expectation to…

Companies that have been through a formal liquidation process are difficult to restore to the Companies Register. This can often make liquidation a more attractive option for company closure than the short form removal. It provides more certainty that the company has been brought to an end. Any company restoration requires a formal application and good reason. Restoring a company to the Companies Register in New Zealand can be necessary when a company has been struck off for various reasons, such as failure to file annual returns, short form removal under section 318(1)(d) of the Companies Act 1993, or following formal liquidation. The process and requirements for restoration depend on the reason for removal. 1. Struck Off Due to Failure…

In New Zealand, the roles of shadow directors and de facto directors hold significant importance, especially when a company faces insolvency. Both these roles can carry substantial legal responsibilities and liabilities, often surprising individuals who may not even realize they are acting as directors. This article discusses the definitions, differences, and potential risks associated with these roles. Definitions and Differences Shadow DirectorsA shadow director is a person who is not formally appointed as a director but whose instructions or directions are typically followed by the officially appointed directors of the company. Essentially, a shadow director operates behind the scenes, influencing the company's decisions without holding an official title. De Facto DirectorsA de facto director, on the other hand, is someone…

Limited liability is a foundational concept in corporate law that protects the personal assets of shareholders, including directors, from being used to satisfy the debts and obligations of the company. This principle means that a company's liabilities are limited to its assets, and shareholders' risk is confined to the amount they have invested in the company. A Painting Company in Financial Difficulty Imagine you own a painting company, are the sole employee and director, and the company faces liquidation due to financial difficulties. You owe customers prepaid deposits and have incomplete work. Here's how limited liability and potential personal liability play out in this scenario: Limited Liability Protection As the sole director and employee of the company, you are generally…

In our 42nd Insolvency by the Numbers, we look at our data set for May 2024. We review how the month has tracked compared to prior months and years. In the last month the Reserve Bank has continued with no change to the OCR and indicated not to expect any reductions until 2025. We are now beginning to see a further tightening being covered in certain sectors particularly construction where new work has become scarce and those that are not busy finishing off existing projects are beginning to look to the renovation space. The government has released their latest budget showing cuts to a number of ministry’s and projects that are not deemed essential, there has also been some tax…