Section 180 — Companies Act 1993: Method of contracting
Text of the provision Official document
180 Method of contracting (1) A contract or other enforceable obligation may be entered into by a company as follows: (a) An obligation which, if entered into by a natural person, would, by law, be required to be by deed, may be entered into on behalf of the company in writing signed under the name of the company by— (i) Two or more directors of the company; or (ii) If there is only one director, by that director whose signature must be witnessed; or (iii) If the constitution of the company so provides, a director, or other person or class of persons whose signature or signatures must be witnessed; or (iv) One or more attorneys appointed by the company in accordance with section 181 of this Act: (b) An obligation which, if entered into by a natural person, is, by law, required to be in writing, may be entered into on behalf of the company in writing by a person acting under the company's express or implied authority: (c) An obligation which, if entered into by a natural person, is not, by law, required to be in writing, may be entered into on behalf of the company in writing or orally by a person acting under the company's express or implied authority. (1A) A company may, in addition to complying with subsection (1) , affix its common seal, if it has one, to the contract or document containing the enforceable obligation. (2) Subsection (1) of this section applies to a contract or other obligation— (a) Whether or not that contract or obligation was entered into in New Zealand; and (b) Whether or not the law governing the contract or obligation is the law of New Zealand. Subsection (1A) was inserted, as from 1 July 1994, by section 20 Companies Act 1993 Amendment Act 1994 (1994 No 6). Subsection (1A) was substituted, as from 30 June 1997, by section 14 Companies Act 1993 Amendment Act 1997 (1997 No 27).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →