Companies Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 310N — Bank to notify recognised clearing house about Bank's intention to revoke or vary declaration under section 310K
310N Bank to notify recognised clearing house about Bank's intention to revoke or vary declaration under section 310K The Bank must not revoke or vary a declaration made under section 310K unless—…
Section 310O — Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
310O Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K The variation or revocation of a declaration under section…
Section 311 — Interest on claims
311 Interest on claims (1) The amount of a claim may include interest up to the date of commencement of the liquidation— (a) At such rate as may be specified or contained in any contract that makes…
Section 312 — Preferential claims
312 Preferential claims (1) The liquidator must pay out of the assets of the company the expenses, fees, and claims set out in Schedule 7 to this Act to the extent and in the order of priority…
Section 313 — Claims of other creditors and distribution of surplus assets
313 Claims of other creditors and distribution of surplus assets (1) After paying preferential claims in accordance with section 312 of this Act, the liquidator must apply the assets of the company…
Section 314 — Meetings of creditors or shareholders
314 Meetings of creditors or shareholders (1) At any time in the course of the liquidation, the liquidator shall, at the request in writing of any creditor or shareholder or on the liquidator's own…
Section 315 — Liquidation committees
315 Liquidation committees (1) A liquidation committee must consist of not less than 3 persons who are— (a) Creditors or shareholders; or (b) Persons holding general powers of attorney from creditors…
Section 316 — Establishment of Liquidation Surplus Account
316 Establishment of Liquidation Surplus Account (1) Money representing unclaimed assets of a company standing to the credit of a liquidator shall, after completion of the liquidation, be paid to…
Section 316A — Transitional provision in relation to voidable transactions
316A Transitional provision in relation to voidable transactions Where an existing company that reregisters as a company under this Act is put into liquidation, nothing in sections 292 to 299 of this…
Section 316B — Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955
316B Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955 On the repeal of the Companies Act 1955 by section 2 of the Companies Act Repeal Act…
Section 317 — Removal from register
317 Removal from register A company is removed from the New Zealand register when a notice signed by the Registrar stating that the company is removed from the New Zealand register is registered…
Section 318 — Grounds for removal from register
318 Grounds for removal from register (1) Subject to this section, the Registrar must remove a company from the New Zealand register if— (a) The company is an amalgamating company, other than an…
Section 319 — Notice of intention to remove where company has ceased to carry on business or application fee not paid
319 Notice of intention to remove where company has ceased to carry on business or application fee not paid (1) Before a company can be removed from the New Zealand register under section 318(1)(b)…
Section 320 — 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…
Section 321 — Objection to removal from register
321 Objection to removal from register (1) Where a notice is given of an intention to remove a company from the New Zealand register, any person may deliver to the Registrar, not later than the date…
Section 322 — Duties of Registrar if objection received
322 Duties of Registrar if objection received (1) If an objection to the removal of a company from the New Zealand register is made on a ground specified in section 321(1)(a) , (b) , or (c) of this…
Section 323 — Powers of Court
323 Powers of Court (1) A person who gives a notice objecting to the removal of a company from the New Zealand register on a ground specified in section 321(1)(d) , (e) , or (f) of this Act may apply…
Section 324 — Property of company removed from register
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…
Section 325 — Disclaimer of property by the Crown
325 Disclaimer of property by the Crown (1) The Secretary to the Treasury may, by notice in writing, disclaim the Crown's title to property vesting in the Crown under section 324 of this Act if the…
Section 326 — Liability of directors, shareholders, and others to continue
326 Liability of directors, shareholders, and others to continue The removal of a company from the New Zealand register does not affect the liability of any former director or shareholder of the…
Section 327 — Liquidation of company removed from New Zealand register
327 Liquidation of company removed from New Zealand register [Repealed] Section 327: repealed, on 20 September 2007, by section 4 of the Companies Amendment Act 2007 (2007 No 48).
Section 328 — Registrar may restore company to New Zealand register
328 Registrar may restore company to New Zealand register (1) Subject to this section, the Registrar must, on the application of a person referred to in subsection (2) of this section, and may, on…
Section 329 — Court may restore company to New Zealand register
329 Court may restore company to New Zealand register (1) The Court may, on the application of a person referred to in subsection (2) of this section, order that a company that has been removed from…
Section 330 — Restoration to register
330 Restoration to register (1) A company is restored to the New Zealand register when a notice signed by the Registrar stating that the company is restored to the New Zealand register is registered…
Section 331 — Vesting of property in company on restoration to register
331 Vesting of property in company on restoration to register (1) Subject to this section, property of a company that is, at the time the company is restored to the New Zealand register, vested in…
Section 332 — Meaning of carrying on business
332 Meaning of carrying on business For the purposes of this Part of this Act,— (a) A reference to an overseas company carrying on business in New Zealand includes a reference to the overseas…
Section 332A — Registrar may approve use of different form
332A Registrar may approve use of different form (1) The Registrar may, on the application of any person, approve the use, by the overseas company or companies that the Registrar may specify, of a…
Section 333 — Name to be reserved before carrying on business
333 Name to be reserved before carrying on business (1) An overseas company must not carry on business in New Zealand on or after the commencement of this Act unless the name of the overseas company…
Section 334 — Overseas companies to register under this Act
334 Overseas companies to register under this Act (1) An overseas company that, on or after the commencement of this Act, commences to carry on business in New Zealand must apply for registration…
Section 335 — Validity of transactions not affected
335 Validity of transactions not affected A failure by an overseas company to comply with section 333 or section 334 of this Act does not affect the validity or enforceability of any transaction…
Section 336 — Application for registration
336 Application for registration (1) An application for registration of an overseas company under this Part of this Act must be delivered to the Registrar and must— (a) Be in the prescribed form; and…
Section 337 — Registration of overseas company
337 Registration of overseas company (1) Where the Registrar receives a properly completed application for registration under this Part of this Act of an overseas company, the Registrar must…
Section 338 — Use of name by overseas company
338 Use of name by overseas company (1) Every overseas company that carries on business in New Zealand must ensure that its full name, and the name of the country where it was incorporated, are…
Section 339 — Alteration of constitution
339 Alteration of constitution (1) An overseas company that carries on business in New Zealand must ensure that, within 20 working days of the change or alteration, notice in the prescribed form is…
Section 339A — Rectification or correction of name or address of person authorised to accept service
339A Rectification or correction of name or address of person authorised to accept service (1) This section applies if the name or address of a person resident or incorporated in New Zealand who is…
Section 340 — Annual return of overseas company
340 Annual return of overseas company (1) Every overseas company that carries on business in New Zealand must ensure that the Registrar receives each year, during the month allocated to the overseas…
Section 341 — Overseas company ceasing to carry on business in New Zealand
341 Overseas company ceasing to carry on business in New Zealand (1) An overseas company registered under this Part of this Act that intends to cease to carry on business in New Zealand must— (a)…
Section 342 — Liquidation of overseas company
342 Liquidation of overseas company (1) An application may be made to the Court for the liquidation of “ ” an overseas company in accordance with Part 16 of this Act, subject to the modifications and…
Section 343 — Attorneys of overseas companies
343 Attorneys of overseas companies (1) Sections 19 to 21 of the Property Law Act 2007 apply, with all necessary modifications, in relation to a power of attorney executed by an overseas company…
Section 343A — Overseas company not required to provide information, notice, or document in certain circumstances
343A Overseas company not required to provide information, notice, or document in certain circumstances An overseas company is not required to give information, notice of information, or a copy of a…
Section 344 — Overseas companies may be registered as companies under this Act
344 Overseas companies may be registered as companies under this Act Subject to this Part of this Act, an overseas company may be registered as a company under this Act.
Section 345 — Application for registration
345 Application for registration (1) An application by an overseas company to register as a company under this Act must be in the prescribed form and must be accompanied by— (a) A certified copy of…
Section 346 — Overseas companies must be authorised to register
346 Overseas companies must be authorised to register An overseas company must not be registered as a company under this Act unless— (a) The company is authorised to transfer its incorporation under…
Section 347 — Overseas companies that cannot be registered
347 Overseas companies that cannot be registered (1) An overseas company must not be registered as a company under this Act if— (a) The company is in liquidation; or (b) A receiver or manager has…
Section 348 — Registration
348 Registration (1) As soon as the Registrar receives a properly completed application for registration of an overseas company as a company under this Act, the Registrar must— (a) Enter on the New…
Section 349 — Effect of registration
349 Effect of registration (1) The registration of an overseas company under this Act does not— (a) Create a new legal entity; or (b) Prejudice or affect the identity of the body corporate…
Section 350 — Companies may transfer incorporation
350 Companies may transfer incorporation Subject to this Part of this Act, a company may be removed from the New Zealand register in connection with becoming incorporated under the law in force in,…
Section 351 — Application to transfer incorporation
351 Application to transfer incorporation (1) An application by a company for removal from the New Zealand register in connection with becoming incorporated under the law in force in, or in any part…
Section 352 — Approval of shareholders
352 Approval of shareholders A company must not apply to be removed from the New Zealand register under section 351 of this Act unless the making of the application has been approved by special…
Section 353 — Company to give public notice
353 Company to give public notice A company must not apply to be removed from the New Zealand register under section 351 of this Act unless— (a) The company gives public notice— (i) Stating that it…