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Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Amalgamations

206: Powers of court in other cases

You could also call this:

"The court can help if a society's plan is unfair to you."

Illustration for Incorporated Societies Act 2022

You can apply to the court if you think an amalgamating society's plan will unfairly affect you. You must do this before the plan takes effect. The court can make an order to help you if it agrees you will be unfairly affected. You might get an order that stops the plan from happening or changes it in some way. The court can also tell the society to rethink its plan. The court can set conditions for its order. The court has the power to make decisions about the society's plan if you apply to it. It will make a decision based on what it thinks is fair. You can get help from the court if you think you will be treated unfairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101100.

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205: Amalgamated society may present certificate about property of society, or

"A combined group can get a certificate to prove they own something."

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207: Compromises with creditors, or

"Making deals with people your society owes money to"

Part 5Removal from register, amalgamation, liquidation, and other processes
Amalgamations

206Powers of court in other cases

  1. This section applies if a creditor of an amalgamating society, or any other person to whom an amalgamating society is under an obligation, believes that the creditor or other person would be unfairly prejudiced by a proposed amalgamation.

  2. The creditor or other person may, before the date on which the amalgamation becomes effective, apply to the court for an order under this section.

  3. The court may, if it is satisfied that the creditor or other person would be unfairly prejudiced by the proposed amalgamation, make any order that the court thinks fit in relation to the proposal, including—

  4. directing that effect must not be given to the proposal:
    1. modifying the proposal in any manner specified in the order:
      1. directing the amalgamating society or its committee to reconsider the proposal or any part of it.

        1. An order may be made on the conditions that the court thinks fit.