Plain language law

New Zealand law explained for everyone

Companies Act 1993

Voluntary administration - Appointment of administrator

239N: Appointment of 2 or more administrators

You could also call this:

“How multiple administrators can be appointed and work together”

You can have more than one person as an administrator when the law allows for an administrator to be appointed. If two or more people are made administrators of a company, they can do their job in different ways. Any one of them can do the administrator’s tasks alone, or they can work together. However, if the document that appointed them says something different about how they should work, they need to follow those rules. When the law talks about ‘an administrator’ or ‘the administrator’, it means any one or more of these administrators, depending on what’s needed in that situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321507.

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239M: Appointment must not be revoked, or

“You can't cancel an administrator's appointment, except by court order or creditor decision”

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239O: Remuneration of administrator, or

“How administrators get paid for their work and how their pay can be reviewed”

Part 15A Voluntary administration
Appointment of administrator

239NAppointment of 2 or more administrators

  1. Two or more persons may be appointed administrators in any case where this Act provides for the appointment of an administrator.

  2. If 2 or more persons are appointed administrators of a company,—

  3. an administrator's function or power may be performed or exercised by any one of them, or by any 2 or more of them together, except so far as the order, instrument, or resolution appointing them provides otherwise; and
    1. a reference in this Act to an administrator or the administrator refers to whichever 1 or more of the administrators the case requires.

      Compare
      • Corporations Act 2001 s 451A (Aust)
      Notes
      • Section 239N: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).