Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when advising a company director who is considering winding up a New Zealand company or needs to defend a creditor's High Court application to put the company into liquidation. This plan covers the solvent voluntary winding-up process, while forks address voluntary insolvent winding-up and the defence of court-ordered liquidation proceedings. It guides the practitioner from the initial assessment through board resolutions, shareholder special resolutions, and post-appointment administration.
Jurisdiction: New Zealand High Court and the Companies Office. The parent plan covers the solvent shareholder-initiated voluntary winding-up, while the forks cover the insolvent shareholder-initiated voluntary winding-up and defending a creditor's court-ordered liquidation application.
The Process at a Glance: First, the board conducts a financial assessment and values all contingent liabilities to verify solvency. Once satisfied, the directors execute a solvency certificate and sign the s 243A declaration. Within 20 working days, the shareholders pass a special resolution to appoint a licensed liquidator. The liquidator then files the notice of appointment, notifies creditors, realizes assets, distributes any remaining surplus, and files final reports. If the company is insolvent, the board must either transition to voluntary insolvent winding-up or act within 10 working days of service to appoint their own liquidator before court proceedings commence.
Use this fork when a company has been served with a creditor's High Court application to put the company into liquidation. It guides the practitioner through calculating critical deadlines, evaluating the Section 241AA voluntary liquidation window, and preparing a robust Statement of Defence and Enhanced Initial Disclosure package in compliance with the 2026 High Court Rules.
Use this fork when representing a director of an insolvent company who wishes to initiate a voluntary winding-up. Rather than defending a creditor's court application, the shareholders pass a special resolution to place the company into liquidation and appoint their own licensed insolvency practitioner. It focuses on PPSR searches, liquidator consents, and managing director liability risk.
Key Legislation and Case Law: Governing authorities include Part 16 of the Companies Act 1993, the Insolvency Practitioners Regulation Act 2019, and the High Court Rules 2016. Important provisions include Section 4 (Solvency Test), Section 243 (solvency certificate), Section 243A (declaration of ability to pay debts within 12 months), and Section 241AA (10-working-day voluntary appointment window). Relevant case law includes Cooper v Debut Homes Ltd [2020] NZSC 100 on reckless trading under Section 135, and Yan v Mainzeal Property and Construction Ltd (in liq) [2023] NZSC 113 on obligations under Section 136 and damages under Section 301. Schedule 7 governs preferential claims and excludes directors or their relatives from preferential employee status. Court proceedings must comply with the High Court (Improved Access to Civil Justice) Amendment Rules 2025 (SL 2025/149) from 1 January 2026.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Solvent Voluntary Liquidation (Director) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Bankruptcy & Insolvency cases, outlining the standard Insolvency Administration process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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