Companies Act 1993

Liquidations - Creditors' claims

304: Claims by unsecured creditors

You could also call this:

“How unsecured creditors can claim money from a company in liquidation”

If you are an unsecured creditor and the company you’re owed money by is being liquidated, you need to make a claim using a special form. On this form, you must give all the details about your claim and list any documents that prove it. The liquidator might ask to see these documents.

The liquidator will look at your claim and decide whether to accept it or not. They can change their mind later if they think they made a mistake. If the liquidator says no to your claim, even just part of it, they have to tell you in writing right away.

You have to pay for making the claim and showing any documents the liquidator asks for.

Be careful when you make your claim. If you put false or misleading information in your claim on purpose, or if you leave out important information that makes your claim false or misleading, you’re breaking the law. This is a serious offence, and you could be punished as set out in section 373(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322328.

Topics:
Business > Industry rules
Business > Fair trading
Money and consumer rights > Banking and loans

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303: Admissible claims, or

“Types of claims that can be made when a company is being liquidated”


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305: Rights and duties of secured creditors, or

“What secured creditors can do and must do when a company is being liquidated”

Part 16 Liquidations
Creditors' claims

304Claims by unsecured creditors

  1. A claim by an unsecured creditor against a company in liquidation must be made in the prescribed form and must—

  2. contain full particulars of the claim; and
    1. identify any documents that evidence or substantiate the claim.
      1. The liquidator may require the production of a document referred to in subsection (1)(b).

      2. The liquidator must, as soon as practicable, either admit or reject a claim in whole or in part, and if the liquidator subsequently considers that a claim has been wrongly admitted or rejected in whole or in part, may revoke or amend that decision.

      3. If a liquidator rejects a claim, whether in whole or in part, he or she must forthwith give notice in writing of the rejection to the creditor.

      4. The costs of making a claim under subsection (1) or producing a document under subsection (2) must be met by the creditor making the claim.

      5. Every person who—

      6. makes, or authorises the making of, a claim under this section that is false or misleading in a material particular knowing it to be false or misleading; or
        1. omits, or authorises the omission, from a claim under this section of any matter knowing that the omission makes the claim false or misleading in a material particular—
          1. commits an offence, and is liable on conviction to the penalties set out in section 373(4).