Companies Act 1993

Liquidations - Creditors' claims

312: Preferential claims

You could also call this:

“How certain claims are prioritised and paid when a company is being liquidated”

When a company is being liquidated, the liquidator has to pay certain expenses, fees, and claims using the company’s assets. These payments must be made in a specific order, which is set out in Schedule 7. The liquidator must follow this schedule exactly when making these payments.

It’s important to know that ‘assets’ doesn’t always include everything the company owns. If something the company owns has a charge on it (which means someone else has a legal right to it), it’s not considered an asset for this purpose. However, if the person with the charge gives it up or it’s dealt with under section 305, then it can be used to pay these claims.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322807.

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Part 16 Liquidations
Creditors' claims

312Preferential claims

  1. The liquidator must pay out of the assets of the company the expenses, fees, and claims set out in Schedule 7 to the extent and in the order of priority specified in that schedule and that schedule applies to the payment of those expenses, fees, and claims according to its tenor.

  2. Without limiting clause 2(1)(b) of Schedule 7, the term assets in subsection (1) does not include assets subject to a charge unless the charge is surrendered or taken to be surrendered or redeemed under section 305.

Notes
  • Section 312(2): amended, on , by section 38 of the Companies Amendment Act 2006 (2006 No 56).