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Companies Act 1993

Miscellaneous

388A: Service of other documents on directors

You could also call this:

“How to deliver official documents to company directors”

You can deliver official documents to a company director in several ways, unless the document is part of a legal case. You can use the methods described in section 387A, or you can send it to the director’s home address by post or to a document exchange box they use. You can also send it to the company’s official address or document exchange box. If you want to use technology, you can fax the document to the director’s home fax number or the company’s fax number. You can even email the document to an email address the director or the company uses. Remember, these rules are for documents that aren’t part of legal proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6461849.

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Part 22 Miscellaneous

388AService of other documents on directors

  1. A document, other than a document in any legal proceedings, may be served on a director as follows:

  2. by any of the methods set out in paragraphs (a), (b), (c), and (e) of section 387A; or
    1. by posting it to the director at the director's residential address (as that address is shown in the register) or delivering it to a box at a document exchange that the director is using at the time; or
      1. by posting it to the company's registered office or address for service or delivering it to a box at a document exchange that the company is using at the time; or
        1. by sending it by fax machine to a telephone number used for the transmission of documents by fax at the director's residential address (as that address is shown in the register); or
          1. by sending it by fax machine to a telephone number used for the transmission of documents by fax at the company's registered office or address for service or its head office or principal place of business; or
            1. by emailing it to the director at an email address that is used by the director; or
              1. by emailing it to the company at an email address that is used by the company.

                Notes
                • Section 388A: inserted, on , by section 21 of the Companies Amendment Act 2014 (2014 No 46).
                • Section 388A(f): amended, on , by section 49(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                • Section 388A(g): amended, on , by section 49(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).