Section 362 — Companies Act 1993: Registration of documents

362 Registration of documents (1) On receipt of a document for registration under this Act, the Registrar must,— (a) Subject to subsection (2) of this section, register the document in the New Zealand register or the overseas register, as the case may be; and (b) In the case of a document that is not an annual return, give written advice of the registration to the person from whom the document was received. (2) If a document received by the Registrar for registration under this Act— (a) Is not in the prescribed form, if any; or (b) Does not comply with this Act or regulations made under this Act; or (c) Is not printed or typewritten; or (d) Where the New Zealand register or the overseas register is kept wholly or partly by means of a device or facility referred to in section 360(4) of this Act, is not in a form that enables particulars to be entered directly by electronic or other means in the device or facility; or (e) Has not been properly completed; or (f) Contains material that is not clearly legible,— the Registrar may refuse to register the document, and in that event, must request either— (g) That the document be appropriately amended or completed and submitted for registration again; or (h) That a fresh document be submitted in its place. (3) For the purposes of this Act, a document is registered when— (a) The document itself is constituted part of the New Zealand register or the overseas register; or (b) Particulars of the document are entered in any device or facility referred to in section 360(4) of this Act. (4) Neither registration, nor refusal of registration, of a document by the Registrar affects, or creates a presumption as to, the validity or invalidity of the document or the correctness or otherwise of the information contained in it. Subsection (1)(b) was amended, as from 30 June 1997, by section 22 Companies Act 1993 Amendment Act 1997 (1997 No 27) by substituting the words “ In the case of a document that is not an annual return, give ” for the word “ Give ” .