Section 324 — Companies Act 1993: Property of company removed from register
Text of the provision Official document
324 Property of company removed from register (1) Property that, immediately before the removal of a company from the New Zealand register, had not been distributed or disclaimed, vests in the Crown with effect from the removal of the company from the register. (2) For the purposes of this section, property of the former company includes leasehold property and all other rights vested in or held on trust for the former company, but does not include property held by the former company on trust for any other person. (3) The Secretary to the Treasury must, forthwith on becoming aware of the vesting of the property, give public notice of the vesting, setting out the name of the former company and particulars of the property. (4) Where property is vested in the Crown under this section, a person who would have been entitled to receive all or part of the property, or payment from the proceeds of its realisation, if it had been in the hands of the company immediately before the removal of the company from the New Zealand register, or any other person claiming through that person, may apply to the Court for an order— (a) Vesting all or part of the property in that person; or (b) For payment to that person by the Crown of compensation of an amount not greater than the value of the property. (5) On an application made under subsection (4) of this section, the Court may— (a) Decide any question concerning the value of the property, the entitlement of any applicant to the property or to compensation, and the apportionment of the property or compensation among 2 or more applicants; or (b) Order that the hearing of 2 or more applications be consolidated; or (c) Order that an application be treated as an application on behalf of all persons, or all members of a class of persons, with an interest in the property; or (d) Make an ancillary order. (6) Compensation ordered to be paid under subsection (4) of this section shall be paid out of the Crown Bank Account without further appropriation than this section.
Official source: legislation.govt.nz
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