Deposit Takers Act 2023

Licensing of deposit takers - Key provisions

12: Liquidation of deposit taker that carries on business without licence

You could also call this:

"What happens to companies that take people's money without permission"

Illustration for Deposit Takers Act 2023

If you are a company that takes deposits from people without a licence, you are breaking the law. The court can choose a liquidator to take over your company if the Bank asks them to. This can happen if the court is satisfied that you are carrying on business as a deposit taker when you are not allowed to, which goes against the rules set out in the Companies Act 1993 and section 10 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS683109.


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11: Offence for deposit taker to carry on business without licence, or

"Breaking the law by taking deposits without a licence can lead to big fines or jail time."


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13: No holding out as licensed, or

"Don't pretend to be a licensed deposit taker if you're not one"

Part 2Licensing of deposit takers
Key provisions

12Liquidation of deposit taker that carries on business without licence

  1. The court may, on the application of the Bank, appoint a liquidator for a body corporate that may be put into liquidation under or in accordance with the Companies Act 1993 if it is satisfied that the body corporate is carrying on business as a deposit taker in contravention of section 10.