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StatuteCompanies Act 1993

Section 33 — Companies Act 1993: New form of constitution

Text of the provision Official document

33 New form of constitution (1) A company may, from time to time, deliver to the Registrar a single document that incorporates the provisions of a document referred to in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) of section 29 of this Act, together with all amendments to it. (2) The Registrar may, if the Registrar considers that by reason of the number of amendments to a company's constitution it would be desirable for the constitution to be contained in a single document, by notice in writing, require a company to deliver to the Registrar a single document that incorporates the provisions of a document referred to in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of section 29 of this Act, together with all amendments to it. (3) Within 20 working days of receipt by a company of a notice under subsection (2) of this section, the board must ensure that the document required by that subsection is received by the Registrar for registration. (4) The board must ensure that a document delivered to the Registrar under this section is accompanied by a certificate signed by a person authorised by the board that the document complies with subsection (1) or subsection (2) , as the case may be, of this section. (5) As soon as the Registrar receives a document certified in accordance with subsection (4) of this section, the Registrar must register the document. (6) If the board of a company fails to comply with subsection (3) or subsection (4) of this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) of this Act.

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.