Deposit Takers Act 2023

Crisis management and resolution - No creditor or shareholder worse off - Valuer’s role

372: Valuer must prepare list of pre-resolution creditors and shareholders

You could also call this:

"Valuer must make a list of people owed money or owning the company before big decisions."

Illustration for Deposit Takers Act 2023

When a valuer is involved, they have to make a list of all the people or groups who are owed money by a company, or who own a part of it, before any big decisions are made. You need to know that this list includes everyone the valuer is aware of who lent money or owns a share. The valuer must also try to find out the address of each of these people or groups, which could be a postal address or an email address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS550631.


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371: Valuer must act in manner prescribed by regulations, or

"Valuers must follow the rules when doing their job"


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373: Valuer must determine compensation by reference to difference between liquidation value and resolution value, or

"Valuer works out fair compensation by comparing what you got to what you would have got if the company was closed down."

Part 7Crisis management and resolution
No creditor or shareholder worse off: Valuer’s role

372Valuer must prepare list of pre-resolution creditors and shareholders

  1. A valuer must prepare a list of every known pre-resolution creditor or pre-resolution shareholder of the affected entity and, if known, each creditor’s or shareholder’s address for communications (which may be an electronic address).