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New Zealand law explained for everyone

Companies Act 1993

Disclosure by companies - Disclosure to shareholders

212: Shareholders may elect not to receive documents

You could also call this:

“You can choose not to receive certain company documents”

You can tell the company you don’t want to get some or all documents from them. You do this by writing to the company. You can also change your mind later and start getting the documents again. While you’ve said you don’t want the documents, the company doesn’t have to send them to you.

But there’s a catch. You can’t say you don’t want both the yearly report and a special notice about it. If you try to do this, it won’t work. The company must still send you either the yearly report or the special notice about it.

There’s one exception to this rule. The company might not have to send out a yearly report for a certain time period. If that’s the case, they don’t have to send you anything about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321127.

Topics:
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Part 12 Disclosure by companies
Disclosure to shareholders

212Shareholders may elect not to receive documents

  1. A shareholder of a company may from time to time, by written notice to the company, waive the right to receive all or any documents from the company and may revoke the waiver in the same manner and, while the waiver is in effect, the company need not send to the shareholder the documents to which the waiver relates.

  2. However, if a shareholder of a company purports to waive the right to receive both a copy of the annual report and a notice under section 209(1)(b),—

  3. the purported waiver is invalid; and
    1. the board of the company must, in accordance with section 209(1), send to the shareholder a copy of the annual report or a notice under section 209(1)(b).

      1. Subsection (2)(b) does not apply if the board of the company is not required to comply with section 209(1) in respect of an accounting period.

      Notes
      • Section 212: amended, on , by section 10(1) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
      • Section 212(2): inserted, on , by section 10(2) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
      • Section 212(3): inserted, on , by section 36 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).