Marilyn Mrkusich

Senior Associate - Corporate and Commercial

Marilyn is a senior lawyer who advises on a wide range of corporate, commercial, and private wealth matters. She assists clients with mergers and acquisitions (M&A), negotiating and drafting commercial contracts, joint venture and shareholder arrangements, compliance with companies and securities legislation, and structuring personal affairs.

Marilyn advises a wide range of clients including individuals, not-for-profit entities, privately owned businesses, and large corporates. She is experienced across many industries including finance, retail, pharmaceuticals, gambling, and manufacturing.

She has a particular interest in working with privately owned businesses and alongside people in the start-up space. Marilyn assists clients with documenting their investments and shareholder relationships, including through term sheets, share subscription agreements, shareholder agreements, and limited partnership agreements.

In the not-for-profit space, Marilyn assists clients ranging from grass roots sports clubs to nationally recognised bodies, including incorporated societies and charitable trusts. She assists with the full spectrum of affairs from establishment and seeking charitable status through to restructuring and dissolution. She regularly advises on constitutional documents and compliance with applicable legislation, such as the Incorporated Societies Act, the Charitable Trusts Act, and the Charities Act.

Also part of our Private Wealth team, Marilyn is a trusted adviser to high net worth individuals helping to appropriately structure their personal affairs and preserve wealth for future generations. She advises on asset structuring and establishment and administration of trusts, including advising clients on compliance with the duties and obligations under the Trusts Act. She can also assist with wills and enduring powers of attorney.

Marilyn has a background in consumer law, including working in-house at Vodafone where she responsible for, amongst other things, all consumer and public facing media and communications. She also has experience in drafting terms of trade, supply and distribution arrangements, franchise agreements, and other general commercial contracts.

Marilyn develops close relationships with her clients to understand their business and commercial environment and ensure they receive meaningful legal advice. Her broad experience means that she can proactively identify and advise her clients on a wide range of issues. She often acts a client’s first port of call. As one client says, “We have a very high level of confidence in Marilyn’s ability to provide expert solutions to an extensive range of legal matters. Marilyn is able to carefully navigate issues and provides well researched and pragmatic solutions for our business”. Her in-house experience, including at Deloitte, means she understands the need to balance commercial drivers with legal constraints.

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Professional background

Recent work

Assisting with SPCA nationwide restructure

Assisting the Royal New Zealand Society for the Prevention of Cruelty to Animals Inc (RNZSPCA) with its nationwide restructure, which involved the integration of approximately 40 local SPCA centres into one national body. The restructure involved a number of complexities such as the transfer of somewhat unknown assets and liabilities, honouring the wishes attached to existing bequests, and working with centres operated by volunteers already overstretched with the day to day needs of animals in their care.

Joint venture’s acquisition of rail services provider

Advising Auckland One Rail Limited (a joint venture between Singaporean company ComfortDel Gro Transit Pte Ltd and Australian company UGL Rail Pty Ltd) on the acquisition of the incumbent provider of Auckland metro rail services to Auckland Transport.

Sale of Shine Communications

Advising the shareholders of Shine Communications Limited on the sale of a majority stake in the company to Bastion Collective Australia Pty Limited, which necessitated a careful balance of the vendor/purchaser construct with the ongoing shareholding and day to day business relationship of the parties.

Venture capital/private equity

Regularly assisting venture capitalists and private equity firms with investments, particularly in the deep tech space. Each investment requires a unique approach depending on the stage of technology development and both the founders’ and investors’ ambitions.

Admitted

  • 2004, New Zealand

Qualifications

  • LLB, BMS (Hons First Class), University of Waikato

Affiliations

  • Member, Auckland Women Lawyers’ Association (AWLA)
  • Member, New Zealand Animal Law Association (NZALA)

Specialisations

  • Capital Raising/Start Ups
  • Commercial Contracts
  • Corporate Governance
  • Directors' Duties
  • Mergers and Acquisitions
  • Private Equity and Venture Capital
  • Privately Owned Business
  • Shareholder Agreements
  • Trusts
  • Private Wealth

Awards

  • Member of MinterEllisonRuddWatts’ internationally recognised Tier 1 (The Legal 500 Asia Pacific) and Band 1 (Chambers Asia-Pacific) Corporate team