Plain language law

New Zealand law explained for everyone

Companies Act 1993

Disclosure by companies - Disclosure to shareholders

213: Failure to disclose

You could also call this:

“Forgetting to send documents doesn't make meeting decisions invalid”

If a company accidentally forgets to send you an annual report, notice, or other document, it doesn’t mean that the decisions made at a shareholder meeting are invalid. This rule applies unless the company’s constitution says otherwise. Remember, this only covers situations where the company made a mistake and didn’t mean to leave you out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321130.

Topics:
Business > Industry rules
Business > Fair trading
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212: Shareholders may elect not to receive documents, or

“You can choose not to receive certain company documents”

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214: Annual return, or

“Companies must provide yearly updates to the Registrar”

Part 12 Disclosure by companies
Disclosure to shareholders

213Failure to disclose

  1. Subject to the constitution of a company, the failure to send an annual report, notice, or other document to a shareholder in accordance with this Act does not affect the validity of proceedings at a meeting of the shareholders of the company if the failure to do so was accidental.