fbpx

Jacque Lethbridge

Forum Replies Created

  • Up
    2
    Down

    Hi There
    If your company is has not traded (which I am assuming from your question, as a director of the company you can apply to have the director removed from the register. you need to follow certain steps which are clearly spelled out on the Companies Office website. I will not restate what is contained in that as it is very well explained step by step on that website with links to the application form and other information. Use the below link.

    You will need to have a RealMe account and have been verified as a director and someone authorized to act on behalf of the Company which again is a straight forward exercise. You will also need a letter from IRD advising that they agree to the company being removed which, again, should not be an issue if the company has not been trading.

    https://companies-register.companiesoffice.govt.nz/help-centre/closing-a-company/removing-your-company-from-the-register/

    Up
    2
    Down

    Further to Phil’s response, the Property Law Section of the New Zealand LAw Society has just come out with this list of factors which will likely inform what is a “fair” proportion which will depend on the individual circumstances
    • A ‘fair proportion’ should be fair having regard to the circumstances of both
    landlord and tenant (by definition a proportion cannot be to pay all or nothing)
    • The extent to which the tenant is still using the premises for some purposes (for
    example, partly for essential services)
    • Balance of the term of the lease
    • Nature of the premises and, accordingly, the proportionate change in use and
    enjoyment of them while the inaccessibility to fully conduct the tenant’s business
    lasts (bare land, retail, offices, warehousing or industrial)
    • Whether the tenant is able to conduct business remotely (also taking into account
    its use of servers/equipment at the premises (benefit from the premises))
    • Value inherent in the premises (for example, fitout, storage, goodwill, business
    continuity)
    • Rights of termination if the non-access continues
    • Tenant’s ability to continue to its business
    • Impact on the tenant’s ongoing viability if required to pay the rent (taking into
    account any government assistance the tenant may be able to receive)
    • the financial position and commitments of the landlord (for example, is the
    property mortgaged)
    • The landlord’s costs in holding and managing the property (for example, the
    landlord’s mortgage obligations and other costs such as ground rent)
    • A ‘fair proportion’ may differ as between the rent and outgoings.

    Up
    2
    Down

    Hi Rene
    There are several options for you. If you have a certain version of the standard ADLS Commercial Lease agreement you may have the ability to avoid paying lease payments over this time if a “force Majuere” clause. If you do not, the government has introduced some guidelines which you can look to in order to try and reach a good faith agreement with your landlord to at least significantly lower your lease payments during this period.
    I can refer you to a list of lawyers who you can contact to get specific advice based on the agreement for lease you have entered into or you can speak with someone at your local Community Law Centre.
    Kind Regards
    Jacque Lethbridge, Partner, Martelli McKegg