Section 319 — Companies Act 1993: Notice of intention to remove where company has ceased to carry on business or application fee not paid

319 Notice of intention to remove where company has ceased to carry on business or application fee not paid (1) Before a company can be removed from the New Zealand register under section 318(1)(b) or (f) of this Act, the Registrar must— (a) Give notice to the company in accordance with subsection (2) of this section; and (b) give notice of the matters set out in subsection (3) to any person who is entitled to a security interest in respect of which a financing statement has been registered under the Personal Property Securities Act 1999 ; and (c) Give public notice of the matters set out in subsection (3) of this section. (2) The notice to be given under subsection (1)(a) of this section must— (a) State the section under, and the grounds on which, it is intended to remove the company from the New Zealand register; and (ab) if section 318(1)(f) applies, state that, unless the fee prescribed by regulations for the application for registration of the company under section 12 is paid in full to the Registrar within 20 working days after the date of the notice, the company will be removed from the New Zealand register; and (b) if section 318(1)(b) applies, state that, unless— (i) By the date specified in the notice, which shall not be less than 20 working days after the date of the notice, the company satisfies the Registrar by notice in writing that it is still carrying on business or there is other reason for it to continue in existence; or (ii) The Registrar does not, in accordance with section 322 of this Act, proceed to remove the company from the register,— the company will be removed from the New Zealand register. (3) The notice to be given under paragraph (b) and paragraph (c) of subsection (1) of this section must specify— (a) The name of the company; and (b) The section under, and the grounds on which, it is intended to remove the company from the New Zealand register; and (c) if section 318(1)(b) applies, the date by which an objection to the removal under section 321 of this Act must be delivered to the Registrar, which shall not be less than 20 working days after the date of the notice. The heading to section 319 was amended, as from 15 April 2004, by section 16(1) Companies Amendment Act (No 2) 2004 (2004 No 24) by inserting the words “ or application fee not paid ” . Subsection (1) was amended, as from 15 April 2004, by section 16(2) Companies Amendment Act (No 2) 2004 (2004 No 24) by inserting the expression “ or (f) ” after the expression “ section 318(1)(b) ” . Subsection (1)(b) was substituted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126). See Part 12 of that Act for transitional provisions. See clause 2 Personal Property Securities Act Commencement Order 2002 (SR 2002/60). Subsection (2)(ab) was inserted, as from 15 April 2004, by section 16(3) Companies Amendment Act (No 2) 2004 (2004 No 24). Subsection (2)(b) was amended, as from 15 April 2004, by section 16(4) Companies Amendment Act (No 2) 2004 (2004 No 24) by inserting the words “ if section 318(1)(b) applies, ” before the words “ state that, ” . Subsection (3)(a) was amended, as from 30 June 1997, by section 19 Companies Act 1993 Amendment Act 1997 (1997 No 27) by omitting the words “ and its registered office ” . Subsection (3)(c) was amended, as from 15 April 2004, by section 16(5) Companies Amendment Act (No 2) 2004 (2004 No 24) by inserting the words “ if section 318(1)(b) applies, ” before the words “ the date by which ” .