Supreme Court (Companies) Rules




Nov. 20.] THE NEW ZEALAND GAZETTE. 3701

  1. (1) The following applications shall be made by petition:
    (a) Applications to confirm an alteration of objects under section 17 of the Act:
    (b) Applications to confirm the reduction of any capital redemption reserve fund under section 57 (1) (c) of the Act:
    (c) Applications to sanction the issue of shares at a discount under section 58 of the Act:
    (d) Applications to confirm a reduction of capital under section 68 of the Act:
    (e) Applications to cancel, disallow, or confirm any variation or abrogation of the rights of holders of special classes of shares under section 73 of the Act:
    (f) Applications to sanction a compromise or arrangement under section 159 of the Act:
    (g) Applications to restore a company's name to the register under section 282 of the Act:
    (h) Applications to confirm an alteration in the form of the constitution of a company by substituting a memorandum and articles for a deed of settlement under section 322 of the Act:
    (i) Applications for relief by directors, managers, or officers of a company or by persons employed as auditors by a company under section 381 (2) of the Act.

(2) The person filing any petition under this rule may move upon his petition for an order in terms of the prayer of his petition or for such other order as the Court may consider him entitled to. Such motion shall be made in manner and time provided in the Code of Civil Procedure as to motions generally, and a motion-paper shall be filed and if necessary served accordingly.

  1. The following applications shall be made by motion or summons:
    (a) Applications to extend the time for registering documents under section 17 (6) or section 322 of the Act or under rule 13 of these rules:
    (b) Applications to extend the time for the issue of shares at a discount under section 58 (1) (d) of the Act:
    (c) Applications to extend the time for registration of a charge or to rectify any omission or misstatement of any particular from or in any document registered under Part IV or from or in any memorandum of satisfaction under section 95 of the Act:
    (d) Applications to rectify the register of members under section 110 of the Act:
    (e) Applications for authority for the registration of a transfer of a share in a mining company under subsection (5) of section 356 of the Act.

  2. The following applications shall be made by motion:
    (a) Applications for relief in case of default in delivering documents to the Registrar of Companies under section 53 of the Act:
    (b) Applications to inquire into the case of officers or agents of a company who have refused to produce any document or answer any question under section 142 (5) or section 144 (4) of the Act and for orders under the said subsections.

  3. The following applications shall be made by summons:
    (a) Applications for enforcing the duty of a company or any other person to make good any default and for costs under section 11 or section 291 of the Act:
    (b) Applications for the consent of the Court under subsection (3) of section 30 of the Act:
    (c) Applications in regard to certificates of shares, debentures, or debenture stock certificates and for costs under section 79 of the Act:
    (d) Applications to inspect any register of holders of debentures of a company or for orders that copies of any such register or of any trust deed for securing any issue of debentures shall be sent to the persons requiring the same under section 84 (5) of the Act:
    (e) Applications to inspect copies of instruments creating a charge and to inspect the register of charges to be kept at the registered office of a company under section 99 (3) of the Act:
    (f) Applications to inspect the register of members or the index of the members of a company or the annual return or to obtain copies of such register or annual return under section 108 or section 119 (2) of the Act:
    (g) Applications for and in regard to meetings of a company under section 120 or section 123 of the Act:
    (h) Applications to inspect the minutes of proceedings at general meetings of a company or to be furnished with copies thereof under section 129 (4) of the Act:
    (i) Applications to inspect the register of directors under section 151 (5) of the Act:



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⚖️ Supreme Court (Companies) Rules, 1934 (continued from previous page)

⚖️ Justice & Law Enforcement
20 November 1934
Rules, Companies Act, Supreme Court, Judicature Amendment Act