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StatuteCompanies Act 1993

Section 287 — Companies Act 1993: Meaning of inability to pay debts

Text of the provision Official document

287 Meaning of inability to pay debts Unless the contrary is proved, and subject to section 288 of this Act, a company is presumed to be unable to pay its debts if— (a) The company has failed to comply with a statutory demand; or (b) Execution issued against the company in respect of a judgment debt has been returned unsatisfied in whole or in part; or (c) A person entitled to a charge over all or substantially all of the property of the company has appointed a receiver under the instrument creating the charge; or (d) A compromise between a company and its creditors has been put to a vote in accordance with Part 14 of this Act but has not been approved.

Official source: legislation.govt.nz

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