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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22169
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Have received notice of proceeding company into liquidation.

Customer Question

have received notice of proceeding for putting company into liquidation. have been told we will need a lawyer for the high court. Is legal aid available for this as all available money has been given to the IRD and there is no more available until end of this month.
Submitted: 3 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 3 months ago.

Legal aid is not available for litigation involving a company but only for individuals. If your case is to be called tomorrow it will not proceed, because there must be advertising as explained to you by the Inland Revenue lawyer, at least seven days before the advertised date of hearing. So this means it will be put off for 3 to 4 weeks to enable you to take further action. I'm not quite sure what the liquidation company has quoted for you, but I suspect they mean they will put the company in liquidation for you instead of Inland Revenue. Sometimes restructuring can enable you to re-establish the business with a new owner, but you do need to take care. You should also be aware that if the liquidation is advertised, your bank will likely shut down the bank account for the company. A company has to be represented by a lawyer in the High Court, although for the first appearance tomorrow, a director could turn up and ask to be heard on behalf of the company. The next step really depends on what you want to do. If you think you can make an arrangement to keep Inland Revenue happy, then it is possible to negotiate. But you will need to consider whether you should apply to stop the advertising because of the serious effect.

Expert:  Chris The Lawyer replied 3 months ago.

I could suggest lawyers if you confirm the city

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