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Companies Act 1993

Voluntary administration - Appointment of administrator

239H: Who may appoint administrator

You could also call this:

“Who can appoint an administrator for a company”

An administrator can be appointed to a company in several ways. The company itself can appoint an administrator. If the company is being liquidated, the liquidator or interim liquidator can appoint an administrator. A secured creditor who holds a charge over most or all of the company’s property can also appoint an administrator. The court can appoint an administrator too.

If a company is already being administered, only certain people can appoint a new administrator. The court can do this. The creditors can replace an administrator they have removed. The person who appointed the first administrator can appoint a new one if the original administrator has died, quit, or become unqualified.

When a company needs to appoint a replacement administrator, the board of the company must make this decision through a resolution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321501.

Topics:
Business > Industry rules
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239G: What administrator must do before appointment, or

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

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239I: Appointment by company, or

“How a company can appoint an administrator when it's in financial trouble”

Part 15A Voluntary administration
Appointment of administrator

239HWho may appoint administrator

  1. An administrator may be appointed to a company by—

  2. the company (see section 239I); or
    1. if the company is in liquidation, the liquidator (see section 239J); or
      1. if an interim liquidator has been appointed, the interim liquidator (see section 239J); or
        1. a secured creditor holding a charge over the whole, or substantially the whole, of the company's property (see section 239K); or
          1. the court (see section 239L).

            1. If the company is already in administration, an administrator may be appointed only by—

            2. the court; or
              1. the creditors, as a replacement administrator for an administrator that the creditors have removed; or
                1. the appointor of the first administrator, if that administrator has died, resigned, or become disqualified from appointment under section 239F(2).

                  1. The appointment of a replacement administrator by a company must be made by a resolution of the board of the company.

                  Compare
                  • Corporations Act 2001 s 436D (Aust)
                  Notes
                  • Section 239H: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
                  • Section 239H(2)(c): amended, on , by section 6(1) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
                  • Section 239H(3): inserted, on , by section 6(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).