Section 386F — Companies Act 1993: Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation
Text of the provision Official document
386F Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation (1) The prohibitions in section 386A(1)(a) and (b) do not apply in respect of a phoenix company that has been known by a name or names that are the same as the failed company's preliquidation name or are similar names if— (a) it has been known by that name or those names for not less than the period of 12 months before liquidation commences; and (b) it has not been dormant during those 12 months. (2) For the purposes of subsection (1), a company has not been dormant during the 12-month period if transactions that are required by section 194(2) to be recorded in its accounting records have occurred throughout that period. Compare: Insolvency Rules 1986 (UK) rule 4.230 Section 386F: inserted, on 1 November 2007, by section 35 of the Companies Amendment Act 2006 (2006 No 56).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →