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Deposit Takers Act 2023

Miscellaneous - Other miscellaneous provisions

475: When certain notices, directions, or documents treated as given

You could also call this:

"When notices and documents are considered delivered"

Illustration for Deposit Takers Act 2023

If you send a notice, direction, document, or notification to someone as stated in section 474(2)(a)(iii), it is considered given to them on the second working day after it is sent, unless proven otherwise. You do not need to prove it was received, it is just assumed. This rule helps with timing and deadlines.

When following section 474(2)(b) to (d), the same rules apply as in section 392 of the Companies Act 1993. This means you can refer to that section to understand how it works. It is important to know these rules so you can follow them correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS499944.

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Part 8Miscellaneous
Other miscellaneous provisions

475When certain notices, directions, or documents treated as given

  1. In the absence of proof to the contrary, a notice, direction, document, or notification sent to a person in accordance with section 474(2)(a)(iii) must be treated as having been given or provided to the person on the second working day after the day on which it is sent.

  2. Section 392 of the Companies Act 1993 applies for the purposes of section 474(2)(b) to (d).