Plain language law

New Zealand law explained for everyone

Companies Act 1993

Transfer of registration - Transfer of registration of companies to other jurisdictions

356: Effect of removal from register

You could also call this:

“What happens when a company is removed from the register”

If a company is removed from the New Zealand register under section 355, it doesn’t change who the company is or stop it from being a legal person. The company keeps all its property, rights, and responsibilities. Any legal proceedings involving the company can still go ahead.

If someone wanted to start or continue legal action against a company before it was removed from the New Zealand register under section 355, they can still do so. The legal action would be against the company that continues to exist after being removed from the register.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322898.

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Part 19 Transfer of registration
Transfer of registration of companies to other jurisdictions

356Effect of removal from register

  1. The removal of a company from the New Zealand register under section 355 does not—

  2. prejudice or affect the identity of the body corporate that was constituted under this Act or its continuity as a legal person; or
    1. affect the property, rights, or obligations of that body corporate; or
      1. affect proceedings by or against that body corporate.

        1. Proceedings that could have been commenced or continued by or against a company before the company was removed from the New Zealand register under section 355 may be commenced or continued by or against the body corporate that continues in existence after the removal of the company from the register.