Objecting to the removal of a company

How to lodge an objection

Anyone can object to the removal of a company from the Companies Register. Lodge your objection online no later than 20 working days after the company's removal has been publicly notified. There's no charge for making an objection.

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 1 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.

Companies Act 1993 — Part 9 New Zealand Legislation

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.

Setting up your online services account

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 1 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.
Object to a company removal

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.

Applying to the Registrar to restore a company

All help topics

Before you start a company 7 guides

Get an overview of how companies are structured, find out about the company records you need to keep, and what's involved when you incorporate with and report to the Companies Office.

Starting a company 11 guides

You need to comply with New Zealand laws when you incorporate your company with the Companies Office, including reserving a company name, appointing directors, issuing shares and registering for tax.

Keeping company details up to date 13 guides

Once your company is registered with the Companies Office, nominate who will have authority to file your annual returns, and update your name, address, constitution, director and shareholder details.

See all 13 guides for Keeping company details up to date

Shares and shareholders 7 guides

When you incorporate, you must provide details of all company shares and shareholders. As changes occur, you must update this information on your own share register and in your company's annual return.

Company directors 8 guides

Directors have responsibilities to their company and shareholders, and under the Companies Act 1993. You must register all your directors with the Companies Office and they must sign a consent form.​

Filing annual returns 8 guides

Find out about filing an annual return — the information you need to update, how to change your filing month or request a time extension — and what happens if you don't file your annual return by the due date.

Complying with the law 11 guides

Find out how New Zealand law affects the directors and shareholders of your company, and your responsibility to create and maintain accurate company records, report to us and file financial statements.

Financial reporting 7 guides

​Some large New Zealand and overseas companies, and all FMC reporting entities must submit audited annual financial statements to the Companies Office.

Managing an overseas company in New Zealand 11 guides

Before they can carry out some business activities, companies incorporated in other countries, including Australia, must register with the Companies Office and then keep their company details up to date.

Closing a company 11 guides

When your company closes down you need to remove it from the register. Your company can be removed if it amalgamates with another company or doesn't file its annual return.

Restoring a company to the register 4 guides

Only some companies can be reinstated to the Companies Register once they've been removed. Find out who can apply, what evidence to provide and if you should apply to the Registrar or the High Court.

When your company fails 9 guides

Find out about voluntary administration, receivership and liquidation (external administration), and the roles and responsibilities of those appointed to manage your company's affairs.

Managing your online account 8 guides

Creating an account with the Companies Office allows you to complete the majority of your transactions online. It's free to set up, but fees apply for some transactions, such as filing annual returns.

Getting support to use the Companies Register 8 guides

Get help with any technical problems you have using the register, such as uploading documents or searching for companies, directors and shareholders.