Receiverships Act 1993

10: Notice of receivership

You could also call this:

"Tell people a receiver is in charge of an asset on related documents"

Illustration for Receiverships Act 1993

When a receiver is appointed to look after a specific asset or assets, you must say so on any documents related to those assets. This means that if you are making a deal or creating a document about the asset, you have to include that a receiver is in charge. You have to do this whether you are the person who owns the asset or the receiver.

If a receiver is appointed in any other situation, the same rule applies. You must state on any documents that a receiver has been appointed. This is so everyone knows that a receiver is in charge.

If you do not follow these rules, the document is still valid. However, if you break these rules on purpose, you can get in trouble. You might have to pay a fine of up to $5,000 if you are found guilty of not following the rules, or if you knowingly let someone else break the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM327716.


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10Notice of receivership

  1. Where a receiver is appointed in relation to a specific asset or specific assets, every deed or agreement entered into, and every document issued, by or on behalf of the grantor or the receiver that relates to the asset or assets and on which the name of the grantor appears must state that a receiver has been appointed.

  2. Where a receiver is appointed in any other case, every deed or agreement entered into, and every document issued, by or on behalf of the grantor or the receiver and on which the name of the grantor appears must state that a receiver has been appointed.

  3. A failure to comply with subsection (1) or subsection (2) does not affect the validity of the deed or agreement or document.

  4. Every person who—

  5. contravenes subsection (1) or subsection (2); or
    1. knowingly or wilfully authorises or permits a contravention of subsection (1) or subsection (2)—
      1. commits an offence and is liable on conviction to a fine not exceeding $5,000.

      Compare
      • 1955 No 63 s 346(2)
      • 1980 No 43 s 40(1)
      Notes
      • Section 10(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).