New Zealand Legislation: Acts

386A Director of failed company must not be director, etc, of phoenix company with same or substantially similar name

• (1) Except with the permission of the Court, or unless 1 of the exceptions in sections 386D to 386F applies, a director of a failed company must not, for a period of 5 years after the date of commencement of the liquidation of the failed company,—

  • (a) be a director of a phoenix company; or

  • (b) directly or indirectly be concerned in or take part in the promotion, formation, or management of a phoenix company; or

  • (c) directly or indirectly be concerned in or take part in the carrying on of a business that has the same name as the failed company's pre-liquidation name or a similar name.

  (2) A person who contravenes subsection (1) commits an offence and is liable on conviction on indictment to the penalty set out in section 373(4).

  Compare: Insolvency Act 1986 (UK) s 216

  Section 386A: inserted, on 1 November 2007, by section 35 of the Companies Amendment Act 2006 (2006 No 56).