Plain language law

New Zealand law explained for everyone

Companies Act 1993

Liquidations - Duties, rights, and powers of liquidators

271A: Notice that application filed must be given to administrators and creditors

You could also call this:

“Notify liquidator and creditors about application for related company order”

When you ask for an order under section 271(1)(b), you need to tell the liquidator and all the creditors of each related company in liquidation that you’ve filed the application. You don’t have to tell yourself if you’re one of the creditors.

In your notice, you need to say which companies the order is about. You also need to tell them all the important information you know that might affect whether the order is made or not. Let them know that they can disagree with your application by filing a statement of defence, following the High Court Rules 2016.

Remember, you still need to do everything else the High Court Rules 2016 say you should do. This notice is just an extra step.

The court can change these rules if they think it’s necessary.

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 It might be out of date or be missing some parts.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=DLM321939.

Topics:
Business > Industry rules
Business > Fair trading
Previous

271: Pooling of assets of related companies, or

“Combining assets and debts of connected companies during liquidation”

Next

272: Guidelines for orders, or

“Rules for the court when deciding on orders about related companies”

Part 16 Liquidations
Duties, rights, and powers of liquidators

271ANotice that application filed must be given to administrators and creditors

  1. Unless the court orders otherwise, an applicant for an order under section 271(1)(b) must give notice that the application has been filed to the liquidator and each creditor of each related company in liquidation.

  2. An applicant need not give notice to himself or herself.

  3. The notice must—

  4. identify each company to which the proposed order relates; and
    1. summarise all information known to the applicant that is material to whether the order should be made; and
      1. state that a person to whom the notice must be given may oppose the application by filing a statement of defence in accordance with the High Court Rules 2016.

        1. The notice requirement in this section is in addition to anything required to be done by the High Court Rules 2016.

        Notes
        • Section 271A: inserted, on , by section 23 of the Companies Amendment Act 2006 (2006 No 56).
        • Section 271A(3)(c): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
        • Section 271A(4): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).