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Companies Act 1993

Registrar of Companies - Other matters relating to Registrar's powers

366A: Registrar's powers to insert note of warning in register

You could also call this:

“Registrar can add warning notes to company records”

The Registrar can put a warning note in the company register if they think it’s necessary. This can happen in two situations:

First, if the company needs to provide information or documents because of certain rules. These rules are found in different parts of the law.

Second, if the company meets any of the reasons listed in another part of the law. These reasons might suggest there’s something wrong with how the company is run.

The Registrar can also put a warning note for other companies if they share a director with a company that already has a warning. This helps keep track of possible problems across different companies run by the same people.

These warning notes help everyone know if there might be issues with a company, so they can be careful when dealing with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6462855.

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366: Disclosure of information and reports, or

“Rules for handling and sharing company information obtained from the Registrar”

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366B: Registrar must remove note of warning, or

“Registrar removes warning from company record when no longer needed”

Part 20 Registrar of Companies
Other matters relating to Registrar's powers

366ARegistrar's powers to insert note of warning in register

  1. The Registrar may, if the Registrar thinks it is appropriate, insert a note of warning in the register in relation to a company in any of the following circumstances:

  2. information or documents relating to the company are subject to a requirement made under section 365(1)(caaa) or (c), 365F, 365G, or 365H:
    1. any of the grounds described in section 318(1)(aaa) or (b) to (f) apply to the company.

      1. If the Registrar has inserted a note of warning in relation to a company (company A) under subsection (1), the Registrar may, if the Registrar thinks it is appropriate, also insert a note of warning in relation to any other company that shares a director with company A.

      Notes
      • Section 366A: inserted, on , by section 50 of the Companies Amendment Act 2014 (2014 No 46).