Takeovers Act 1993

Investigation and enforcement - Other court orders - Orders to preserve assets to satisfy claims

44M: What orders may be made

You could also call this:

"Court orders that can control your money and property"

Illustration for Takeovers Act 1993

You can get different orders under section 44L. These orders can stop you from moving your money or property. They can also stop others from giving you money or property. You might get an order to pay money to someone to hold until a decision is made. A person can be appointed to manage your property. If you are a person, not a company, you might have to give your passport to the court. You might not be allowed to leave New Zealand without the court's permission. These orders can be for a certain time or until the court says they are finished. They can apply to property you own with others or property you hold for someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326726.

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Part 3Investigation and enforcement
Other court orders: Orders to preserve assets to satisfy claims

44MWhat orders may be made

  1. The orders that may be made under section 44L are—

  2. an order prohibiting the relevant person from transferring, charging, or otherwise dealing with money, financial products, or other property held or controlled by the relevant person:
    1. an order prohibiting a person who is indebted to the relevant person or to an associated person of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the debt is owed:
      1. an order prohibiting a person holding money, financial products, or other property, on behalf of the relevant person, or on behalf of an associated person of the relevant person, from paying all or any of the money, or transferring, or otherwise parting with possession of, the financial products or other property, to, or to another person at the direction or request of, the person on whose behalf the money, financial products, or other property, is or are held:
        1. an order prohibiting the taking or sending out of New Zealand by a person of money of the relevant person or of an associated person of the relevant person:
          1. an order prohibiting the taking, sending, or transfer by a person of financial products or other property of the relevant person, or of an associated person of the relevant person from a place in New Zealand to a place outside New Zealand (including the transfer of financial products from a register in New Zealand to a register outside New Zealand):
            1. an order requiring the relevant person, or any person holding money, financial products, or other property on behalf of the relevant person or an associated person of the relevant person, to pay or transfer money, financial products, or other property to a specified person to be held on trust pending determination of the investigation, prosecution, or civil proceeding:
              1. an order appointing,—
                1. if the relevant person is a natural person, a receiver or trustee, having any powers that the court orders, of the property or of part of the property of that person; or
                  1. if the relevant person is a body corporate, a receiver or receiver and manager, having any powers that the court orders, of the property or of part of the property of that person:
                  2. if the relevant person is a natural person, an order requiring that person to deliver up to the court his or her passport and any other documents that the court thinks fit:
                    1. if the relevant person is a natural person, an order prohibiting that person from leaving New Zealand, without the consent of the court.
                      1. A reference in subsection (1)(e) or (g) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example,—

                      2. as trustee for, as nominee for, or otherwise on behalf of or on account of, another person; or
                        1. in a fiduciary capacity.
                          1. An order may be expressed to operate for a specified period or until the order is discharged by a further order under this section.

                          Notes
                          • Section 44M: inserted, on , by section 24 of the Takeovers Amendment Act 2006 (2006 No 48).
                          • Section 44M(1)(a): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 44M(1)(c): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 44M(1)(e): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 44M(1)(f): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).