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Companies Act 1993

Registrar of Companies

360A: Rectification or correction of New Zealand register and overseas register

You could also call this:

“Fixing mistakes in company registers”

The Registrar of Companies can fix mistakes in the New Zealand register or the overseas register. This can happen in two ways. First, if someone asks the Registrar to fix a mistake, and the Registrar agrees that the information is wrong or missing. Second, if the Registrar notices that some details are incorrect, they can fix them.

Before making most changes, the Registrar has to do two things. They must tell the company or overseas company in writing that someone has asked for a change. They also have to tell the public about the proposed change. This public notice will say who wants the change, which company it’s about, why they want the change, and what the change is. The notice will also say when people can object to the change.

Anyone can object to a change if they do it before the date given in the public notice. If someone objects, the Registrar will give a copy of the objection to the person who asked for the change.

If someone objects, the Registrar can’t make the change unless the person who objected takes back their objection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323204.

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360: Registers, or

“Explains the types of company registers kept by the Registrar and how they are maintained”

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360B: Powers of court, or

“Courts can decide on changes to company registers when there are objections”

Part 20 Registrar of Companies

360ARectification or correction of New Zealand register and overseas register

  1. The Registrar may,—

  2. on the application of any person, rectify the New Zealand register or the overseas register if the Registrar is satisfied that any information has been wrongly entered in, or omitted from, the New Zealand register or the overseas register; or
    1. if it appears to the Registrar that any particulars have been incorrectly entered in the New Zealand register or the overseas register, correct those particulars.

      1. Unless the rectification or correction relates solely to the person who provided it, the Registrar, before rectifying the register under subsection (1)(a), must—

      2. give written notice to the company or overseas company that an application has been made to rectify the New Zealand register or the overseas register in relation to that company or overseas company (including details of that application); and
        1. give public notice setting out—
          1. the name of the applicant; and
            1. the name of the company or overseas company; and
              1. the reasons for and details of the changes sought to be made to the New Zealand register or the overseas register; and
                1. the date by which a written objection to the proposed rectification must be delivered to the Registrar, being a date not less than 20 working days after the date of the notice.

                2. Any person may deliver to the Registrar, not later than the date specified in accordance with subsection (2)(b)(iv), a written objection to a proposed rectification of the New Zealand register or the overseas register, and the Registrar must give a copy of the objection to the applicant.

                3. The Registrar must not rectify the New Zealand register or the overseas register if the Registrar receives a written objection to the proposed rectification by the date specified unless the Registrar is satisfied that the objection has been withdrawn.

                Notes
                • Section 360A: inserted, on , by section 20 of the Companies Amendment Act (No 2) 2004 (2004 No 24).
                • Section 360A(1)(b): amended, on , by section 45(1) of the Companies Amendment Act 2014 (2014 No 46).
                • Section 360A(2): amended, on , by section 45(2) of the Companies Amendment Act 2014 (2014 No 46).