Section 320 — Companies Act 1993: Notice of intention to remove in other cases

320 Notice of intention to remove in other cases (1) If a company is to be removed from the register under section 318(1)(c) or (d) of this Act, the Registrar must give public notice of the matters set out in subsection (4) of this section. (2) If a company is to be removed from the register under section 318(1)(e) , the liquidator must give public notice of the matters set out in subsection (4) . (3) If a company is to be removed from the register under section 318(1)(c) of this Act, the Registrar, or, if it is to be removed from the register under section 318(1)(d) of this Act, the applicant, as the case may be, must also give notice of the matters set out in subsection (4) of this section to— (a) The company; and (b) A 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 . (4) The notice to be given under 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) The date by which an objection to the removal under section 321 of this Act must be delivered to the Registrar, which shall be not less than 20 working days after the date of the notice. Subsection (1) was amended, as from 15 April 2004, by section 17(1) Companies Amendment Act (No 2) 2004 (2004 No 24) by inserting the expression “ or (d) ” after the expression “ section 318(1)(c) ” . Subsection (2) was substituted, as from 15 April 2004, by section 17(2) Companies Amendment Act (No 2) 2004 (2004 No 24). Subsection (3)(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 (4)(a) was amended, as from 30 June 1997, by section 20 Companies Act 1993 Amendment Act 1997 (1997 No 27) by omitting the words “ and its registered office ” .