Shareholder Agreements Workshop
Often shareholder agreements are prepared when hopes are high and parties may not necessarily be thinking about what can go wrong. Attend and learn how to identify the key issues that determine whether the shareholder agreement you’re working on is unassailable or fraught with risk. Hear from a leading panel of corporate and commercial practitioners as they offer valuable insights on preparing shareholder agreements, exit provisions and expert strategies for managing disputes. WEB223NZA29
Description
Attend and earn 3 CPD hours
Chair: Victoria Anderson, Partner, Morrison Mallett
9.15am to 9.20am Opening Comments by the Chair
9.20am to 10.20am Preparing Shareholder Agreements: Best Practice Tips
- Assessing the needs of your client
- Taking instructions
- Fundamental provisions in a shareholder agreement
- Tips and traps
Presented by Charles Thompson, Senior Associate, Dentons Kensington Swan
10.20am to 11.20am Exit Provisions and Other Key Considerations: What You Need to Know
- Why exit provisions are essential even though clients often don’t want to discuss them
- Common examples of exit provisions
- Deadlock mechanisms
- The importance of tailoring the exit provision to the type of business you are drafting for
Presented by Tom Heard, Special Counsel, Wynn Williams
11.20am to 11.30am Break
11.30am to 12.30pm Resolving Disputes Associated with Shareholder Agreements
- Exploring the different methodologies
- Public courts
- Private arbitration
- Expert determination
- Mediation
- Multi-tier disputes clauses
- Latest case law
Presented by Timothy Lindsay, Partner and Thomas Westaway, Senior Associate, Lindsay & Francis
Learning Objectives:
- Receive best practice guidance in preparing shareholder agreements
- Develop a more thorough understanding of exit provisions
- Consider the different dispute resolution methodologies and the latest case law
Presenters
Victoria Anderson
Victoria Anderson is a corporate partner at specialist commercial firm Morrison Mallett. Victoria advises clients on a wide range of corporate transactions and commercial projects. She uses her personable and focused approach to help clients achieve successful outcomes in an efficient and pragmatic way. Victoria regularly advises clients on the establishment of new business ventures, including arrangements between shareholders and joint venture parties. She also has considerable experience in mergers and acquisitions, with particular focus on in-bound investment into New Zealand and the primary industries.
Charles Thompson
Charles is a senior associate in the Auckland based corporate and commercial team. He has recently joined Dentons Kensington Swan having spent the last five years working at one of Australia’s leading law firms in Melbourne. He has a broad knowledge of general corporate and commercial law, with a focus on the sale and purchase of businesses, corporate governance and financing. Charles provides advice on all corporate and commercial matters including advising local, national and international clients on mergers and acquisitions, commercial contracts, and general business advisory matters. Charles’ personable and down to earth approach allows him to form genuine partnerships with clients, and his passion for sport gives him a determined and competitive mindset, driving him to deliver the best possible results and service.
Tom Heard
Tom Heard is a special counsel at Wynn Williams in Auckland and has extensive corporate and commercial experience. Tom joined Wynn Williams from a large New Zealand firm in 2021 and has previously worked for law firms in the Middle East and Ireland. Tom specialises in mergers and acquisitions, equity investments and complex joint ventures and advises clients on a range of corporate governance issues.
Timothy Lindsay
Timothy Lindsay is a founding partner of Lindsay & Francis, a specialist litigation & arbitration firm based in Auckland. The firm is recognised as one of the leading specialist litigation practices in the country, with commentators noting the firm “is unique as it is a specialist commercial litigation practice which we found to be rare in New Zealand … extremely responsive and client focused … impressed that the firm was prepared to take on a difficult case and fight hard for the client” and “L&F is everything you want in a litigation boutique: capable, commercial, nimble and with the depth of talent to staff any matter. Quality staff from top to bottom.” In 2021 Tim was awarded Benchmark Litigation’s ‘Lawyer of the Year’ for New Zealand, and he is recognised by Chambers & Partners, Legal 500, Benchmark Litigation and Who’s Who Legal as one of the leading litigators and arbitration counsel in the country. His client-first approach, tenacity and attention to detail set him apart as an advocate for his clients' interests.
Thomas Westaway
Thomas Westaway is a Senior Associate and widely experienced litigator and arbitration counsel. Prior to joining the firm, he spent four years as an associate in the London office of a top tier transatlantic boutique litigation and arbitration firm. He was previously an Assistant Crown Counsel at the Crown Law Office and a Judges’ Clerk at the New Zealand High Court in Auckland. Thomas has appeared as sole or junior counsel in all levels of the courts of New Zealand (including the Court of Appeal and Supreme Court) and has represented clients in numerous complex and high value international arbitration proceedings. He graduated from the University of Canterbury in 2012 with a First Class Honours degree in Law and is admitted to practice in New Zealand.