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New Zealand law explained for everyone

Companies Act 1993

Registrar of Companies

360B: Powers of court

You could also call this:

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

If someone objects to a proposed change in the company register, you can ask the court to make the change. You need to do this if the Registrar of Companies receives an objection to your proposed change.

When you apply to the court, you must tell the Registrar about your application as soon as you can. The Registrar is allowed to speak to the court about your application.

The court can order changes to the New Zealand register or the overseas register. They will do this if they believe that wrong information was put in or left out of the register.

If you want to learn more about objections to changes, you can look at section 360A(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323206.

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

“Fixing mistakes in company registers”

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360C: Alteration of entries on New Zealand register and overseas register without application, or

“Registrar can update company information without being asked”

Part 20 Registrar of Companies

360BPowers of court

  1. If an objection to a proposed rectification is received by the Registrar under section 360A(3), the applicant for the rectification of the New Zealand register or the overseas register may apply to the court for an order for rectification.

  2. If an application for an order is made under subsection (1),—

  3. the applicant must, as soon as practicable, serve notice of the application on the Registrar; and
    1. the Registrar may appear and be heard in relation to the application.

      1. On an application for an order under subsection (1), the court may, if it is satisfied that any information has been wrongly entered in, or omitted from, the New Zealand register or the overseas register, make an order that the New Zealand register or the overseas register be rectified.

      Notes
      • Section 360B: inserted, on , by section 20 of the Companies Amendment Act (No 2) 2004 (2004 No 24).