328 Registrar may restore company to New Zealand register

(1)

Subject to this section, the Registrar must, on the application of a person referred to in subsection (2), and may, on his or her own motion, restore a company that has been removed from the New Zealand register to the register if he or she is satisfied that, at the time the company was removed from the register,—

(a)

the grounds for the removal did not exist at the time the company was removed; or

(b)

the company was a party to legal proceedings; or

(c)

the company was in receivership, or liquidation, or both.

(1A)

The Registrar may, on the application of a person referred to in subsection (2), or on his or her own motion, restore a company that has been removed from the register to the register if the Registrar is satisfied that the company was carrying on business at the time of its removal and there is a proper reason for the company to continue in existence.

(2)

Any person who, at the time the company was removed from the New Zealand register, was—

(a)

a shareholder or director of the company; or

(b)

a creditor of the company; or

(c)

a liquidator, or a receiver of the property, of the company—

may make an application under subsection (1).

(3)

Before the Registrar restores a company to the New Zealand register under this section,—

(a)

in the case of a company that was removed from the New Zealand register under section 318(1)(aaa), (b), (ba), (bb), (bc), (bd), or (c), the Registrar must give public notice setting out—

(i)

the name of the company; and

(ii)

the name and address of the applicant; and

(iii)

the section under, and the grounds on which, the application is made or the Registrar proposes to act, as the case may be; and

(iv)

the date by which an objection to restoring the company to the register must be delivered to the Registrar, not being less than 20 working days after the date of the notice:

(b)

in the case of a company that was removed from the New Zealand register under paragraph (d) or paragraph (e) of section 318(1), the person who made the application under subsection (1) must give public notice setting out—

(i)

the name of the company; and

(ii)

the person’s name and address; and

(iii)

the section under, and the grounds on which, the application is made; and

(iv)

the date by which an objection to restoring the company to the register must be delivered to the Registrar, not being less than 20 working days after the date of the notice.

(4)

The Registrar must not restore a company to the New Zealand register if the Registrar receives an objection to the restoration within the period stated in the notice.

(5)

Before the Registrar restores a company to the New Zealand register under this section, the Registrar may require any of the provisions of this Act or any regulations made under this Act, being provisions with which the company had failed to comply before it was removed from the register, to be complied with.

(6)

The court may, on the application of the Registrar or the applicant, give such directions or make such orders as may be necessary or desirable for the purpose of placing a company that is restored to the New Zealand register under this section and any other persons as nearly as possible in the same position as if the company had not been removed from the register.

(7)

Nothing in this section limits or affects section 329.

Section 328(1)(a): replaced, on 1 May 2015, by section 43(1) of the Companies Amendment Act 2014 (2014 No 46).

Section 328(1A): inserted, on 1 May 2015, by section 43(2) of the Companies Amendment Act 2014 (2014 No 46).

Section 328(3): replaced, on 30 June 1997, by section 21 of the Companies Act 1993 Amendment Act 1997 (1997 No 27).

Section 328(3)(a): amended, on 1 May 2015, by section 43(3) of the Companies Amendment Act 2014 (2014 No 46).