Section 255 — Companies Act 1993: Other duties of liquidator
Text of the provision Official document
255 Other duties of liquidator (1) Without limiting section 253 of this Act, a liquidator has the other functions and duties specified in this Act. (2) Without limiting subsection (1) of this section, a liquidator must,— (a) Forthwith after being appointed or being notified of his or her appointment, give public notice of— (i) The liquidator's appointment; and (ii) The date and time of the commencement of the liquidation; and (iii) The address and telephone number to which, during normal business hours, inquiries may be directed by a creditor or shareholder; and (b) Within 10 working days of being appointed or being notified of his or her appointment, deliver to the Registrar for registration a notice of the liquidator's appointment; and (c) Within the applicable period referred to in subsection (3) of this section,— (i) prepare a list of every known creditor of the company with each creditor's address (if known); and (ii) prepare and send to every known creditor, every shareholder, and the Registrar for registration,— (A) a report containing a statement of the company's affairs, proposals for conducting the liquidation, and, if practicable, the estimated date of its completion; and (B) a notice explaining the right of a creditor or shareholder to require the liquidator to call a meeting of creditors under section 314 of this Act; and (C) the list of creditors referred to in subparagraph (i); and (d) Within 20 working days of the end of each period of 6 months following the date of commencement of the liquidation, prepare and send to every known creditor and every shareholder, and send or deliver to the Registrar, a report— (i) On the conduct of the liquidation during the preceding 6 months; and (ii) Of any further proposals which the liquidator has for completing the liquidation. (3) For the purposes of subsection (2)(c) of this section, applicable period means,— (a) In the case of a liquidator appointed under section 241(2)(a) , (b), or (d), 5 working days after the liquidator's appointment; or (b) In the case of a liquidator appointed under paragraph (c) of subsection (2) of section 241 of this Act, 25 working days after the liquidator's appointment; or (c) In either case, such longer period as the Court may allow. (4) The Court may, on the application of a liquidator,— (a) Exempt the liquidator from compliance with the provisions of paragraph (c) or paragraph (d) of subsection (2) of this section; or (b) Modify the application of those provisions in relation to the liquidator,—
on such terms and conditions as the Court thinks fit. (5) [Repealed] (6) [Repealed] Subsection (2)(a)(ii) was amended, as from 26 April 1999, by section 6(a) Companies Amendment Act 1999 (1999 No 19) by inserting the words “ and time ” . Section 255(2)(c)(i): substituted, on 1 November 2007, by section 19(1) of the Companies Amendment Act 2006 (2006 No 56). Section 255(2)(c)(ii)(C): added, on 1 November 2007, by section 19(2) of the Companies Amendment Act 2006 (2006 No 56). Subsection (2)(d) was amended, as from 26 April 1999, by section 6(b) Companies Amendment Act 1999 (1999 No 19) by inserting the words “ date of ” . Section 255(3)(a): amended, on 1 November 2007, by section 12 of the Companies Amendment Act 2006 (2006 No 56). Section 255(5): repealed, on 1 November 2007, by section 19(3) of the Companies Amendment Act 2006 (2006 No 56). Section 255(6): repealed, on 1 November 2007, by section 19(3) of the Companies Amendment Act 2006 (2006 No 56).
Official source: legislation.govt.nz
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