Electoral Act 1993

Loans - General provisions relating to loans

213: Party secretary may enter into loan on behalf of party

You could also call this:

"A party secretary can borrow money for their party if they follow the rules."

Illustration for Electoral Act 1993

If you are a party secretary, you can enter into a loan on behalf of your party. You need the party's authorisation to do this, and only you can enter into a loan for the party. If you enter into a loan that is not in writing, you must make a written record of it as soon as possible.

If you enter into a loan without following these rules, it is considered an illegal contract under subpart 5 of Part 2 of the Contract and Commercial Law Act 2017. This means the loan does not follow the law. You must be careful when entering into loans for your party.

When you enter into a loan, you are responsible for making sure it is done correctly. You must have the party's authorisation and follow the rules. If you do not follow the rules, the loan can be considered illegal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310318.


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Part 6BLoans
General provisions relating to loans

213Party secretary may enter into loan on behalf of party

  1. A party may enter into a loan only with the authorisation of the party secretary.

  2. Only the party secretary may enter into a loan on behalf of the party.

  3. If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan.

  4. A loan entered into in contravention of this section is an illegal contract for the purposes of subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

Notes
  • Section 213: inserted, on , by section 41 of the Electoral Amendment Act 2014 (2014 No 8).
  • Section 213(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).