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341: Overseas company ceasing to carry on business in New Zealand
or “How an overseas company stops doing business in New Zealand”
You could also call this:

“How to request court-ordered liquidation of an overseas company operating in New Zealand”

You can ask a court to liquidate an overseas company. This means you’re asking the court to end the company’s business and sell its assets. You need to follow the rules in Part 16 of the Companies Act, with some changes outlined in Schedule 9.

You can ask for this even if the overseas company:

  • Isn’t registered in New Zealand
  • Has said it will stop doing business in New Zealand
  • Has told the Registrar when it will stop doing business in New Zealand
  • Has disagreed with being removed from the register
  • Has already been closed down in another country

You can also ask for this even if the Registrar has already taken steps to remove the company from the register.

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Next up: 343: Attorneys of overseas companies

or “Overseas companies can appoint someone to act for them in New Zealand”
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Part 18 Overseas companies

342Liquidation of overseas company

  1. An application may be made to the court for the liquidation of an overseas company in accordance with Part 16, subject to the modifications and exclusions set out in Schedule 9.

  2. An application may be made under subsection (1) whether or not the overseas company—

  3. is registered under this Part; or
    1. has given public notice of an intention to cease to carry on business in New Zealand in accordance with section 341(1)(a); or
      1. has given notice to the Registrar of the date on which it will cease to carry on business in New Zealand in accordance with section 341(1)(b); or
        1. has objected as referred to in section 341(4)(a)(ii); or
          1. has been dissolved, or otherwise ceased to exist as a company, under or by virtue of the laws of any other country.

            1. An application may be made under subsection (1) whether or not the Registrar has acted under section 341(3) to (6).

            Notes
            • Section 342 heading: amended, on , by section 13 of the Insolvency (Cross-border) Act 2006 (2006 No 57).
            • Section 342(1): amended, on , by section 13 of the Insolvency (Cross-border) Act 2006 (2006 No 57).
            • Section 342(2)(ca): inserted, on , by section 33(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
            • Section 342(3): inserted, on , by section 33(2) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).