Act In force Latest version as at 03 September 2007 (as enacted) | 1997 No 27 | Administered by Ministry of Business, Innovation, and Employment

Companies Act 1993 Amendment Act 1997

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Rights and powers attaching to shares

Notice of share issue

Consideration for issue of shares on registration

Redemption on fixed date

Statement of rights to be given to shareholders

Company to satisfy solvency test

Resolution in lieu of meeting

Shareholders entitled to receive distributions, attend meetings, and exercise rights

Major transactions

Duty of directors to act in good faith and in best interests of company

Disclosure of interest

Meaning of relevant interest

Method of contracting

Appointment of auditors

Short form amalgamation

New heading substituted

Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955

Notice of intention to remove where company has ceased to carry on business

Notice of intention to remove in other cases

Registrar may restore company to New Zealand register

Registration of documents

Schedule 5 amended

Companies Act 1993 Amendment Act 1997

Public Act	1997 No 27
Date of assent	30 June 1997

Contents

2 Rights and powers attaching to shares

3 Notice of share issue

4 Consideration for issue of shares on registration

5 Redemption on fixed date

6 Statement of rights to be given to shareholders

7 Company to satisfy solvency test

8 Resolution in lieu of meeting

9 Shareholders entitled to receive distributions, attend meetings, and exercise rights

10 Major transactions

11 Duty of directors to act in good faith and in best interests of company

12 Disclosure of interest

13 Meaning of relevant interest

14 Method of contracting

15 Appointment of auditors

16 Short form amalgamation

17 New heading substituted

18 Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955

19 Notice of intention to remove where company has ceased to carry on business

20 Notice of intention to remove in other cases

21 Registrar may restore company to New Zealand register

22 Registration of documents

23 Schedule 5 amended

An Act to amend the Companies Act 1993

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the Companies Act 1993 Amendment Act 1997, and is part of the Companies Act 1993 (“the principal Act”).

2 Rights and powers attaching to shares

This section amended section 36(2) of the principal Act.

3 Notice of share issue

This section amended section 43(1) of the principal Act.

4 Consideration for issue of shares on registration

This section inserted section 46A of the principal Act.

5 Redemption on fixed date

This section amended section 75(1)(c) of the principal Act.

6 Statement of rights to be given to shareholders

This section substituted section 83(2)(d) of the principal Act.

7 Company to satisfy solvency test

This section inserted section 108(5A) of the principal Act.

8 Resolution in lieu of meeting

(1) This subsection substituted section 122(1) of the principal Act.

(2) This subsection inserted section 122(3A) of the principal Act.

9 Shareholders entitled to receive distributions, attend meetings, and exercise rights

(1) This subsection substituted section 125(1)(c) of the principal Act.

(2) This subsection substituted section 125(1)(e) of the principal Act.

10 Major transactions

This section amended section 129(2A) of the principal Act.

11 Duty of directors to act in good faith and in best interests of company

This subsection amended section 131(4) of the principal Act.

12 Disclosure of interest

This section substituted section 140(1A) of the principal Act.

13 Meaning of relevant interest

This section amended section 146(2) of the principal Act.

14 Method of contracting

This section substituted section 180(1A) of the principal Act.

15 Appointment of auditors

This section substituted section 196(2) of the principal Act.

16 Short form amalgamation

(1) This subsection amended s 222(1)(b)(iii) and inserted s 222(1)(b)(iv) of the principal Act.

(2) This subsection amended s 222(2)(b)(iii) and inserted s 222(2)(b)(iv) of the principal Act.

(3) This subsection amended s 222(5) of the principal Act.

17 New heading substituted

This section substituted the heading above s 316A of the principal Act.

18 Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955

This section inserted s 316B of the principal Act.

19 Notice of intention to remove where company has ceased to carry on business

This section amended s 319(3)(a) of the principal Act.

20 Notice of intention to remove in other cases

Section 320(4)(a) of the principal Act is amended by omitting the words “and its registered office”.

21 Registrar may restore company to New Zealand register

This section substituted s 328(3) of the principal Act.

22 Registration of documents

This section amended s 362(1)(b) of the principal Act.

23 Schedule 5 amended

(1) This subsection amended clause 5 of Schedule 5 of the principal Act.

(2) This subsection amended clause 6(4) of Schedule 5 of the principal Act.

(3) This subsection amended clause 7(4) of Schedule 5 of the principal Act.