Objecting to the removal of a company

Before you lodge an objection

You must choose a reason for your objection. You can also provide evidence to support it.

Reasons for your objection

Choose one reason for your objection from the list.

1. The company is still carrying on business or there is a proper reason for it to continue in existence.
2. The company is party to legal proceedings.
3. The company is still in receivership, liquidation or both.
4. You're a creditor, shareholder or a person who has an undischarged claim against the company.
5. You believe that there exists and intend to pursue, a right of action on behalf of the company under Part 9 of the Companies Act 1993 . You may need legal advice to understand what the Act allows.
6. You believe that it would not be just or equitable to remove the company from the Companies Register.

Evidence to support your objection

When you lodge your objection, you'll need to provide evidence to support it.

If the company is still carrying on business

If the company is still in business, the evidence you could provide includes copies of:

• recent correspondence from the company or its staff, directors or professional advisors
• the company's recent accounts
• newspaper or other advertisements for the company.

If the company is party to legal proceedings

Evidence of legal proceedings should include:

• copies of court or tribunal documents showing that legal proceedings have started, and are not just threatened or planned
• the matter number or reference from a court or tribunal.

If the company is in receivership, liquidation or both

Check the Companies Register to confirm the status of the company. If the company is still incorporated — that is, it doesn't have a status of 'in liquidation' or 'in liquidation or receivership' — provide evidence that:

• a liquidator has been appointed, or
• someone who holds security over the company, such as a lender, has appointed a receiver for the company.

If you're objecting for another reason

If you're objecting for reasons listed in points 4, 5 and 6, you must provide evidence to us within 20 working days that you've applied to the High Court for an order that:

• prevents the company from being removed, or
• places it in liquidation.

Making your objection online

To make an objection you need to have: 

• ​a RealMe® login
• an online services account with the Companies Register.

Log in to your account and follow these steps.

1. Search for the company by entering search criteria — for example, the company name, the company number or the New Zealand Business Number (NZBN).
2. From the search results, select the company you want to object to the removal of.
3. Navigate to 'Object to a company removal'.
4. Enter the name and address of the person lodging the objection.
5. Choose one reason for your objection from the drop-down menu.
6. Select 'Browse' or 'Choose file' to upload documents that support your objection — you must upload supporting documents.
7. Select 'Submit'. You'll be advised that the person applying to have the company removed will be notified of your objection. At this point, you can choose to continue with your objection or not.

How we process your objection

We consider your objection and the evidence you supply. If it's acceptable, we suspend removal of the company.

If the company is still in business, in legal proceedings, in receivership or liquidation

Removal of the company is usually suspended for 6 months. You'll get 2 emails from us:

• the first tells you if your objection has been accepted or rejected
• the second, which is sent just before the suspension is due to expire, asks you to confirm if you want the suspension to continue — if this is the case, you must provide any new supporting evidence.

If you don't confirm this, we'll remove the company from the Companies Register.

If you objected for another reason

We give you 20 working days to apply to the High Court for an order:

• preventing the company from being removed from the register, or
• to place the company in liquidation.

If you haven't applied for a High Court Order within 20 working days, we remove the company from the Companies Register. You can't ask for an extension to this time, but you can apply for the removed company to be restored to the register.

Other guides in

Closing a company

• Before you close your company
• Applying to remove your company from the register
• When the Registrar removes your company
• Withdrawing an objection

Other help topics