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StatuteCompanies Act 1993

Section 245 — Companies Act 1993: Liquidator may dispense with meetings of creditors

Text of the provision Official document

245 Liquidator may dispense with meetings of creditors (1) A liquidator is not required to call a meeting of creditors under section 243 or section 244 of this Act, as the case may be, if— (a) The liquidator considers, having regard to the assets and liabilities of the company, the likely result of the liquidation of the company, and any other relevant matters, that no such meeting should be held; and (b) The liquidator gives notice in writing to the creditors stating— (i) That the liquidator does not consider that a meeting should be held; and (ii) The reasons for the liquidator's view; and (iii) That no such meeting will be called unless a creditor gives notice in writing to the liquidator, within 10 working days after receiving the notice, requiring a meeting to be called; and (c) No notice requiring the meeting to be called is received by the liquidator within that period. (2) Notice under subsection (1)(b) must be given to every known creditor together with the report and notice referred to in section 255(2)(c) . Compare: 1955 No 63 s 235A; 1989 No 101 s 8 Section 245(2): substituted, on 1 November 2007, by section 17 of the Companies Amendment Act 2006 (2006 No 56).

Official source: legislation.govt.nz

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