When a board needs liquidating

How to begin the liquidation process for a trust board

There are two ways a charitable trust board can be put into liquidation.

  • For a society incorporated as a board, this can be done by a members' resolution, or by application to the High Court.
  • Trustees incorporated as a board can do so by applying to the High Court.

Liquidation by resolution of the board

A society incorporated as a charitable trust board can be put into liquidation by a resolution of its members. By law, this requires two general meetings of the trust board to confirm the decision.

The process is equivalent to the liquidation of a company by resolution of its shareholders under the Companies Act 1993, and is treated in the same way.

A trust board should take advice from its accountant and solicitor before considering this procedure.

Liquidation by the High Court

A charitable trust board can also be put into liquidation by the High Court, if it considers it is ‘just and equitable’ to do so. Generally, the High Court will receive liquidation applications made by:

  • a creditor
  • a charitable trust board, or member of a trust board
  • the Registrar
  • the Attorney-General, representing the community in whose general interest charitable trusts are created.

To learn more about liquidation, visit the Companies Register website.

Commencing liquidation

The liquidator appointed by the charitable trust board must file the Notice of Appointment with us within 10 working days of their appointment. This can be done online, or manually (by post or email).

To begin the liquidation process online

If you’re filing online, you’ll need:

  • a RealMe® login
  • an online services account with Companies Office

Then follow these steps:

  1. Log in to your online services account.
  2. Search for the charitable trust board for which you wish to file liquidation documents and click on its name.
  3. On the 'View Details' page, from the ‘Maintain Charitable Trust Board’ menu, select ‘Lodge External Administration Documents’.
  4. Select the document category ‘Liquidation’ and the document type ‘Notice of Appointment of Liquidator’. Please click on the 'Supporting Documents' button if you wish to provide additional information.
  5. Upload the Notice of Appointment and click the ‘Submit’ button.
Log in to file notice of appointment of liquidator

To file the Notice of Appointment manually

Send the Notice of Appointment to us

By post to —

Companies Office
Private Bag 92061
Victoria Street West
Auckland 1142

or by email to compliance@companiesoffice.govt.nz

What happens next

To learn more about the liquidation process, the role of the liquidator, and what happens next, please refer to the help pages on the Companies Register website.

Filing other liquidation documents

The instructions above should also be used to file liquidator’s reports and other liquidation documents. You will need to select the relevant document type each time you file a document.

All help topics

Getting started on the register 6 guides

Find out about charitable trusts and the Charitable Trusts Register, how to set up an online services account, and where to start when incorporating a charitable trust board.

Searching the Charitable Trusts Register 2 guides

Searching the register for information about charitable trust boards and their status.

Starting a charitable trust board 3 guides

To incorporate a charitable trust board you must submit an application, along with the required documents. There is no registration fee.

Keeping charitable trust board details up to date 4 guides

Once you've registered your charitable trust board, you're required by law to keep certain information about it up to date.

Ending a charitable trust board 2 guides

There are two ways to end a charitable trust board. If the board is no longer operating, it can apply to be dissolved. If it is unable to pay its debts, it can be placed in liquidation.

Restoring a charitable trust board to the register 1 guide

A trust board that has been removed from the Charitable Trusts Register can apply to us to be restored.

Managing your online account 5 guides

Forms 1 guide

Find the forms you'll need to register your charitable trust board or keep its details up to date. Please note: there are no fees for registering or maintaining a charitable trust board.