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Companies Act 1993

Voluntary administration - Appointment of administrator

239G: What administrator must do before appointment

You could also call this:

“Administrator's required written agreements and declarations before appointment”

Before someone can become an administrator of a company, they need to do a few important things. You must agree in writing that you want to be the administrator. You can’t change your mind about this agreement when you’re appointed.

You also need to write down that you’re allowed to be an administrator. This means you have to say that you’re a licensed insolvency practitioner. You need to confirm that the Insolvency Practitioners Regulation Act 2019 says it’s okay for you to be an administrator for this company. You also have to say that you’re not stopped from being an administrator because of section 239F(2).

If you become an administrator but you didn’t write down these things, you’re breaking the law. You could get in trouble and face the punishment described in section 373(2).

Even if you don’t meet all the rules in section 239F(1) or didn’t write down the things you were supposed to, the things you do as an administrator will still count. This means your actions as an administrator are still valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321500.

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239F: Who may be appointed as administrator, or

“Requirements and restrictions for becoming a company administrator”

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239H: Who may appoint administrator, or

“Who can appoint an administrator for a company”

Part 15A Voluntary administration
Appointment of administrator

239GWhat administrator must do before appointment

  1. A person must not be appointed as the administrator of a company unless the person has—

  2. consented in writing and has not withdrawn the consent at the time of appointment; and
    1. certified in writing that the person—
      1. is a licensed insolvency practitioner; and
        1. is permitted to act as an administrator of the company under the Insolvency Practitioners Regulation Act 2019; and
          1. is not disqualified from appointment under section 239F(2).

          2. A person who, with their consent, is appointed as an administrator despite failing to certify the matters set out in subsection (1)(b) commits an offence and is liable on conviction to the penalty set out in section 373(2).

          3. The acts of a person as an administrator are valid even if the person does not meet the requirements of section 239F(1) or fails to certify the matters set out in subsection (1)(b).

          Notes
          • Section 239G: replaced, on , by section 5 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).