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StatuteCompanies Act 1993

Section 304 — Companies Act 1993: Claims by unsecured creditors

Text of the provision Official document

304 Claims by unsecured creditors (1) A claim by an unsecured creditor against a company in liquidation must be made in the prescribed form and must— (a) Contain full particulars of the claim; and (b) Identify any documents that evidence or substantiate the claim. (2) The liquidator may require the production of a document referred to in subsection (1)(b) of this section. (3) The liquidator must, as soon as practicable, either admit or reject a claim in whole or in part, and if the liquidator subsequently considers that a claim has been wrongly admitted or rejected in whole or in part, may revoke or amend that decision. (4) If a liquidator rejects a claim, whether in whole or in part, he or she must forthwith give notice in writing of the rejection to the creditor. (5) The costs of making a claim under subsection (1) of this section or producing a document under subsection (2) of this section must be met by the creditor making the claim. (6) Every person who— (a) Makes, or authorises the making of, a claim under this section that is false or misleading in a material particular knowing it to be false or misleading; or (b) Omits, or authorises the omission, from a claim under this section of any matter knowing that the omission makes the claim false or misleading in a material particular— commits an offence, and is liable on conviction to the penalties set out in section 373(4) of this Act.

Official source: legislation.govt.nz

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