Companies Act 1993

Liquidations - Duties, rights, and powers of liquidators

270: Liquidator may be required to elect whether to disclaim onerous property

You could also call this:

“Liquidator can be asked to decide about unwanted property”

If you have rights that could be affected by a liquidator disclaiming onerous property, you can give the liquidator a written notice. This notice asks the liquidator to decide whether or not to disclaim the onerous property. You must give the liquidator at least 20 working days to make this decision. The liquidator can’t disclaim the onerous property after the date you set in your notice unless they’ve already done so before that date.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321937.

Topics:
Business > Industry rules
Business > Fair trading

Previous

269: Power to disclaim onerous property, or

“Liquidators can remove problematic property from the company”


Next

271: Pooling of assets of related companies, or

“Combining assets and debts of connected companies during liquidation”

Part 16 Liquidations
Duties, rights, and powers of liquidators

270Liquidator may be required to elect whether to disclaim onerous property

  1. If a person whose rights would be affected by the disclaimer of onerous property gives a liquidator notice in writing requiring the liquidator to elect, before the close of such date as is stated in the notice, not being a date that is less than 20 working days after the date on which the notice is received by the liquidator, whether to disclaim the onerous property, the liquidator is not entitled to disclaim the onerous property unless he or she does so before the close of that date.