Business Law


Strategic business and commercial legal solutions in Christchurch - Tailored advice for your business success

Weston Ward & Lascelles are an experienced team of business lawyers based in Christchurch that give practical advice in all legal matters relating to commercial and business matters. There is a significant amount of responsibility with operating a business, whether you are starting up, acquiring or selling a business, planning to leave or have a business dispute - our experienced team can help.

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Buying a Business | Start up

Business structure

Starting a business is an exciting time, but it is important to have your business set up correctly. We are a highly experienced firm and focus on setting up small to medium sized businesses, start up companies and can assist you with purchasing a business.


It is also important to discuss with an accountant which structure is right for you in relation to taxation matters. These are the three most common types of business structures (see below)

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Business Structures

  • Sole Trader

    A sole trader operates a business in their own name and are personally liable for the business. They will be taxed at the relevant tax bracket on the income that they generate.

  • Partnerships

    A partnership is where two or more individuals or entities jointly share the benefits and liabilities in the operation of the partnership. It is encouraged that when you are in a partnership that you have a partnership agreement.

  • Limited Liability Company

    This is the most common and popular type of business structure operated by small to medium businesses in New Zealand. The company is a separate legal entity in its own right and is separate from its directors and shareholders. Any debt sustained by the company will usually not be imposed on the directors or shareholders. It is common for directors to enter into a shareholder agreement or buy sell agreement, which outlines all their rights and duties between them. 


“The dealings we have with them are professional and they have always acted in our best interests.”

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Business Start Up Legal Terms & Advice

  • Capital Raising - Refinance

    When starting out or acquiring a business you need to consider how you will finance it. This could be with savings, a business loan or another person invests capital to fund the business. In order to obtain any business lending, the lender will need to review your business plan and assess the viability of your business when determining how much they can loan you. You may consider refinancing your property and obtaining an overdraft in order to start your business. We have several business and mortgage advisers that we regularly work with who may be able to help.

  • Terms and Conditions of Trade

    Terms & Conditions of Trade is an agreement you have with someone who is using your service. These are one of the first legal documents that you need when starting your own business. Before using your service they will agree to the specified terms in the agreement. This allows you to stay in control and will reduce any issues arising from clients who have engaged in your service. The agreement will record your fee estimate and how you charge for your services. More importantly, there are default provisions that you can enforce and charge interest if any of your customers fail to pay you for your services. If you have any questions feel free to call or email our office for further information, we also offer a fixed fee for some of our business services.

  • Shareholder’s Agreement

    A Shareholder’s Agreement is an agreement between directors and/or shareholders (separate from a Constitution) setting out what happens concerning your interest in the business, such as;

    • If you die, suffer total permanent disability or trauma, (i.e. how can you turn your interest in the business into money for your family).
    • If your co-director dies or suffers incapacity, (i.e. will you end up working with somebody who can no longer perform their role, or will their spouse (as the inheritor under their Will) try to get involved, or can you force the deceased/incapacitated party to sell out and if so, for how much).
    • If you want to exit the company, (i.e. when you wish to retire, is there an orderly process for this to happen at a fair price, or could “obstacles” be put in your way).
    • What are shareholders' expectations concerning each entering into agreements with their spouses/relationship partners sorting out ahead of time what happens to shareholdings in the business if they split up?
    • Who holds what insurance over which key personnel and if claimed, to whom would it be it paid?
  • Joint Venture

    There is no legal definition of a joint venture, nor statutory provisions to regulate them. Despite that, they are very common. A joint venture (often referred to as a “JV”) is a business mechanism whereby two entities or individuals contractually agree to achieve a goal together. Most joint ventures are usually incorporated and operate through a company structure and are only active for the period of time necessary to achieve the common goal.


    An incorporated joint venture is where the parties involved create a limited liability company under which they jointly conduct their business activities. This is usually more favourable as it is then regulated by the Companies Act 1993. There will be a joint venture's agreement setting out expectations and rules. In addition, we would usually recommend a shareholder's agreement, controlling what happens if one or other party dies, retires and/or starts fighting with each other. 

  • Commercial Leases

    Depending on your industry, you may require premises to conduct your business. This will usually be done through a standard lease agreement between the landlord and tenant. There are many factors that you need to consider when entering into a lease agreement, such as;


    The term of the lease;

    Rent reviews;

    Right of renewals;

    Subleasing;

    A right to purchase the business;

    Your service, is the only service to operate from the premise (i.e. if you are a digital marketing agency, you don’t want the landlord to lease another part of the building to another digital marketing agency).


    A commercial lease can be a very complex document(s) that requires plenty of consideration prior to signing them. Please feel free to get one of our commercial lawyers to review your lease document. 



Growth Phase

Review Your Business Structure

After a year of being in business or if you experienced a significant growth phase it is a good opportunity to review your business structure and affairs. For instance, if you have experienced a significant increase in your turn over, you may consider the following;


  • Whether you require more capital to be injected into the business?
  • Are your assets safeguard against creditors?
  • Are your insurances currently up to date?
  • What happens to your business if you become incapacitated or die?
  • If you have business partners, is your shareholder’s agreement up to date?
  • You may need to consider whether a family trust is suitable for your needs.
  • You should also ensure your personal insurances, Will and Enduring Powers of Attorney are up to date.


Feel free to get in touch with one of our business lawyers for an initial, no obligations, discussion to see if we can assist with your business needs.


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Buying into a business

You may require an injection of capital to take your business to the next level. This may involve your company issuing and/or selling shares in order to receive capital that could take your business to the next level. Prior to issuing or selling any shares you need to check with your accountant if there will be any tax implications.

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Succession Planning

Selling your business

When selling your business you need to make sure your business is in pristine condition and you want to make sure there are no issues which may make a purchaser want to pay a lower price for your business. We recommend that you organise your accounts, review any lease documentation, get a registered valuation of your business, organise your employee’s records, resolve any disputes within and externally to your business, update your website and social media. The next stage is to find a buyer when you are happy that your business is ready for sale. You can find an agent to do this for you. If you have any questions feel free to call or email our office for further information.


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Meet our business lawyer


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