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Companies Act 1993

Removal from the New Zealand register

320: Notice of intention to remove company under paragraph (c), (d), or (e) of section 318(1)

You could also call this:

“Notifying the public and relevant parties about plans to remove a company from the register”

If the Registrar wants to remove a company from the New Zealand register, they must tell everyone about it publicly. They need to do this if the company is being removed for certain reasons listed in section 318(1)(c) or (d).

If a liquidator wants to remove a company from the register, they also need to tell everyone publicly. This is for reasons listed in section 318(1)(e).

The Registrar or the person asking for the company to be removed also needs to tell the company itself. They must also tell anyone who has a security interest in the company that is registered under the Personal Property Securities Act 1999.

When they tell everyone about removing the company, they need to say:

  • The name of the company
  • Which part of the law they’re using to remove the company and why
  • The last day that someone can object to the removal. This date must be at least 20 working days after the notice is given.

If you want to object to a company being removed, you can do this under section 321.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322841.

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319: Notice of intention to remove company under paragraph (aaa), (b), (ba), (bb), (bc), (bd), or (f) of section 318(1), or

“Registrar must notify and allow objections before removing a company from the register”

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321: Objection to removal from register, or

“How to object if someone wants to remove a company from the register”

Part 17 Removal from the New Zealand register

320Notice of intention to remove company under paragraph (c), (d), or (e) of section 318(1)

  1. If a company is to be removed from the register under section 318(1)(c) or (d), the Registrar must give public notice of the matters set out in subsection (4).

  2. If a company is to be removed from the register under section 318(1)(e), the liquidator must give public notice of the matters set out in subsection (4).

  3. If a company is to be removed from the register under section 318(1)(c), the Registrar, or, if it is to be removed from the register under section 318(1)(d), the applicant, as the case may be, must also give notice of the matters set out in subsection (4) to—

  4. the company; and
    1. a person who is entitled to a security interest in respect of which a financing statement has been registered under the Personal Property Securities Act 1999.

      1. The notice to be given under this section must specify—

      2. the name of the company; and
        1. the section under, and the grounds on which, it is intended to remove the company from the New Zealand register; and
          1. the date by which an objection to the removal under section 321 must be delivered to the Registrar, which shall be not less than 20 working days after the date of the notice.

            Notes
            • Section 320 heading: amended, on , by section 40 of the Companies Amendment Act 2014 (2014 No 46).
            • Section 320(1): amended, on , by section 17(1) of the Companies Amendment Act (No 2) 2004 (2004 No 24).
            • Section 320(2): replaced, on , by section 17(2) of the Companies Amendment Act (No 2) 2004 (2004 No 24).
            • Section 320(3)(b): replaced, on , by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
            • Section 320(4)(a): amended, on , by section 20 of the Companies Act 1993 Amendment Act 1997 (1997 No 27).