Section 283 — Companies Act 1993: Vacancies in office of liquidator
Text of the provision Official document
283 Vacancies in office of liquidator (1) The office of liquidator becomes vacant if the person holding office resigns, dies, or becomes disqualified under section 280 of this Act. (2) A person, other than an Official Assignee, may resign from the office of liquidator by appointing another such person as his or her successor and sending or delivering notice in writing of the appointment of his or her successor to the Registrar for registration. (3) With the approval of the Official Assignee for New Zealand, an Official Assignee may resign from the office of liquidator by appointing another Official Assignee as his or her successor. (4) The Court may, on the application of the company, or a shareholder or other entitled person, or a director or creditor of the company, review the appointment of a successor to a liquidator and may appoint any person who could be appointed as liquidator under paragraph (a) or paragraph (b) or paragraph (c) , as the case may be, of subsection (2) of section 241 of this Act to be the liquidator of the company. (5) If, for any reason other than resignation, a vacancy occurs in the office of liquidator, written notice of the vacancy must forthwith be sent or delivered to the Official Assignee for New Zealand by the person vacating office or, if that person is unable to act, by his or her personal representative. (6) If, as the result of the vacation of office by a liquidator, other than an Official Assignee, no person is acting as liquidator, the Official Assignee for New Zealand may appoint a person to act as liquidator until a successor is appointed under this section. (7) If a vacancy occurs in the office of the liquidator, or a liquidator has been appointed under subsection (6) of this section, as the case may be, the Court may, on the application of the company, or a shareholder or other entitled person, or a director or creditor of the company, or the Official Assignee for New Zealand, appoint any person who could be appointed as liquidator under paragraph (a) or paragraph (b) or paragraph (c) , as the case may be, of subsection (2) of section 241 of this Act to be the liquidator of the company. (8) A liquidator appointed under subsection (7) of this section must, within 10 working days of being appointed or being notified of his or her appointment, deliver a notice of his or her appointment to the Registrar for registration. (9) A person vacating the office of liquidator must, where practicable, provide such information and give such assistance to that person's successor as he or she reasonably requires in taking over the duties of liquidator.
Official source: legislation.govt.nz
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