William Buck New Zealand
As a fully integrated firm of Chartered Accountants and advisors, William Buck provides a complete solution. Putting you at the core of the business, our advisors work together to ensure that careful consideration is given to your business and personal wealth affairs.
Working closely with you and your team, our Business Advisors can help you plan and implement contemporary business strategies and practices to meet your business’s full potential.
Our commercially minded tax specialists offer clear, responsive advice to manage your tax risk, address local and international issues, and develop strategies to optimise your tax position.
Our highly experienced team of liquidators and trustees use their extensive expertise to assist in times of financial distress, achieving the best outcome for all stakeholders.
Our audit team has extensive experience in a range of engagements, giving stakeholders independent and objective assurance on financial information, transactions and processes.
By understanding not only what you want to achieve but why it’s important, our wealth advisors can create strategies attuned to your key priorities. The end result is a plan focused on your life goals.
Our Corporate Advisory team provides objective, strategic and commercial advice across a broad range of business issues. Our work spans the breadth each engagement from the origination of ideas to managing the transaction process, valuation and structuring.
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Sweeping changes to financial reporting may impact your financial position and business operations.
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William Buck has a team of professionals with specialist experience and know-how on a range of industry sectors.
Our advisors understand the risks and opportunities unique to the agribusiness sector. Taking a strategic view of your operations they provide relevant guidance and advice.
Assisting public and private schools, vocational colleges, universities and private training providers, our education specialists provide timely and valuable assurance services together with strategic, financial and management advice.
Our Government and public sector team has substantial experience in assisting all levels of government to review their structures and develop strategies, in line with relevant legislative requirements and accounting and audit standards.
Working with over 1,600 clients in the health sector, our advisors help practitioners and health care corporates achieve their business and personal goals
Our hospitality and tourism team has a working knowledge of the industry which, when combined with our technical knowledge, can assist you in reaching your commercial goals.
By staying on top of changes in the manufacturing sector, our industry experts provide relevant and timely guidance to a broad range of manufacturing business.
Our mining and energy team has the experience and resources to help start-ups, developing businesses and well-established companies to meet their commercial goals.
Integrity and transparency are at the heart of the best Not for Profit organisations. These values re shared by our dedicated Not for Profit team, which helps entities to establish to improve performance and develop strategies for long-term growth.
Our advisors understand the challenges and opportunities facing the professional services sector first hand. This experience together with our expertise helps to determine your strategic objectives and provide concise, relevant advice to help you achieve your goals.
Our property and construction team assist on a wide range of assignments from property development to construction and large infrastructure projects. Their diverse experience, technical expertise and commercial know-how to help you tackle the important issues.
Our retail and wholesale team works with a variety of businesses from family owned operations to franchises and larger chains, to provide advice and guidance on the issues that count.
Our transport and distribution team works with businesses to review their operations, improve efficiency and productivity and ensure compliance with the latest regulatory developments.
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We work with individuals, businesses and community organisations with a particular focus on the mid-market. Drawing on our extensive experience, our advisors will challenge your thinking and re-frame problems to understand their root-cause.
We’re more than just accountants and advisors, we aspire to create positive change in the lives of our clients and our people.
Life as a CFO can be complex, exciting and demanding. Combining technical excellence with decades of working closely with and listening to the needs of CFOs, our advisors understand the competing demands of your role.
Whatever your needs, we have the expert resources to create the best outcome for you and your business. As our client, you’ll benefit from our integrated services model that puts you at the core of its business.
We create and implement personal wealth plans and tax strategies that give our clients greater certainty that their financial and personal goals will be met.
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It is often assumed that once a company has been liquidated, that company is ‘dead and buried’. However, recent cases have shown this to be a misconstrued understanding.
The Corporations Act 2001 (Cth) (“Corporations Act”) provides the ability to reinstate the registration of a company in a very broad range of circumstances.
The Commissioner of Taxation has, in recent years sought to reinstate companies that have been liquidated and deregistered.
In a decision1 handed down in June 2013, the Deputy Commissioner of Taxation (“Commissioner”) was successful in having a previously liquidated company reinstated.
The case involved Melren Farms Pty Ltd (“Melren”), a company that was first registered with the Australian Securities and Investments Commission (“ASIC”) in 1990. Melren conducted a potato growing business until 2005, at which time Melren was placed into liquidation as a result of a voluntary wind up. Melren was officially deregistered in 2007.
However, in 2012 and 2013, an investigation of other entities in the Melren group was conducted by a liquidator. This liquidator identified a number of potential claims in relation to a series of transactions entered into by Melren, which could have resulted in additional tax. The Commissioner lodged a Notice of Reinstatement Application with ASIC in relation to Melren. The purpose of the Reinstatement Application was to enable the Commissioner to reinstate the company and then wind-up Melren in a manner that would permit a liquidator to carry out further investigations with the aim of bringing claims against the company’s directors and other members of the Melren group.
The former directors of Melren objected against the reinstatement, meaning that the Federal Court (“Court”) was required to decide whether ASIC should reinstate the company.
The former directors claimed that it was unjust for Melren to be reinstated (6 years after it was deregistered), stating that there was a significant delay in lodging the Reinstatement Application, coupled with the fact that the Commissioner should have identified or been aware of the transactions at the time Melren was originally in liquidation. However, the Federal Court held in favour of the Commissioner, stating that it was satisfied that it was ‘just’ and ‘appropriate’ to reinstate Melren. The Federal Court also stated that the former directors did not appropriately challenge the Commissioner’s arguments for reinstatement.
The registration of a company can be reinstated by one of two methods:
In relation to the second point above, the court may make an order that ASIC reinstate the registration of a company if:
There are many aspects a liquidator can look at when a company is in liquidation. Some of the aspects that are often investigated and may potentially lead to the reinstatement of a deregistered company include:
Clients should be made aware of the circumstances in which a company can be reinstated in order to manage expectations.
Should you require further information regarding liquidations or the possibility of a company being reinstated, please contact your local William Buck advisor.
 Deputy Commissioner of Taxation v Australian Securities and Investments Commission  FCA 594 (17 June 2013)