Ref: DOIA 1617-1059

 

Dear Ms Martyn

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 5 April 2017 requesting under the Official
Information Act 1982 (the Act), the following:

 

I would be grateful if you would provide me with the number of legal
breaches of Schedule 3 of the Companies Act 1993 specifically clauses 1
through 8 identified by clause and case reference for each breach.

 

If one of these clauses has never been cited as 'non-compliant' in a court
case, please so state.

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

 

Yours sincerely,

Alan Witcombe

MANAGER, MINISTERIAL SERVICES

 

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

[2]cid:image004.jpg@01D10666.447C6950

 

 

[3]www.govt.nz - your guide to finding and using New Zealand government
services

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References

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1. mailto:[MBIE request email]
3. http://www.govt.nz/

DOIA 1617-1059

 

Dear Karen Martyn

 

I refer to your request under the Official Information Act 1982 on 8 March
2017 for “the number of legal breaches of Schedule 3 of the Companies Act
1993 specifically clauses 1 through 8 identified by clause and case
reference for each breach. If one of these clauses has never been cited as
'non-compliant' in a court case, please so state.”

 

Section 160 of the Companies Act 1993 (the Act) states that “subject to
the constitution of a company, the provisions set out in Schedule 3 govern
the proceedings of the board of a company”.  Schedule 3 of the Act
contains provisions relating to the internal operation of a board such as
quorum requirements; voting; and holding of meetings.   

 

There is no offence provision in the Act if the board of a company fails
to comply with Schedule 3.  The Registrar of Companies has not prosecuted
a board for breaching any of the clauses in Schedule 3 and is not aware of
whether a board has had civil proceedings commenced in respect of possible
Schedule 3 breaches.

 

I hope this information is useful.

 

Yours faithfully

 

 

Registries Integrity and Enforcement Team

 

Business Integrity Services, Market Services Group

 

[1][email address] | Telephone: 0508 4 INTEGRITY |

Level 18, 135 Albert St, Auckland 1010 |  PO Box 5004, Wellesley St,
Auckland 1141 |

[2]MBIE logo[3]NZGOVT logo

[4]Facebook[5]Twitter[6]YouTube[7]LinkedIn[8]GooglePlay[9]App store

 

[10]www.govt.nz - your guide to finding and using New Zealand government
services

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References

Visible links
1. mailto:[email address]
2. http://www.mbie.govt.nz/
3. https://www.govt.nz/
4. https://www.facebook.com/CompaniesOffice
5. https://twitter.com/CompaniesOffice
6. https://www.youtube.com/user/CompaniesOf...
7. https://www.linkedin.com/company/new-zea...
8. https://play.google.com/store/apps/detai...
9. https://itunes.apple.com/nz/app/nzauconn...
10. http://www.govt.nz/

DOIA 1617-1121

DOIA 1617-1132

 

Dear Karen Martyn,

 

Please see attached.

 

If you have any questions relating to this email please reply to
[1][email address]

 

Yours sincerely,

 

Registries Integrity and Enforcement Team

 

Business Integrity Services, Market Services Group

 

[2][email address] | Telephone: 0508 4 INTEGRITY |

Level 18, 135 Albert St, Auckland 1010 |  PO Box 5004, Wellesley St,
Auckland 1141 |

[3]MBIE logo[4]NZGOVT logo

[5]Facebook[6]Twitter[7]YouTube[8]LinkedIn[9]GooglePlay[10]App store

 

[11]www.govt.nz - your guide to finding and using New Zealand government
services

show quoted sections

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.mbie.govt.nz/
4. https://www.govt.nz/
5. https://www.facebook.com/CompaniesOffice
6. https://twitter.com/CompaniesOffice
7. https://www.youtube.com/user/CompaniesOf...
8. https://www.linkedin.com/company/new-zea...
9. https://play.google.com/store/apps/detai...
10. https://itunes.apple.com/nz/app/nzauconn...
11. http://www.govt.nz/