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Companies Act 1993

Voluntary administration - Resignation and removal of administrator

239P: When office of administrator is vacant

You could also call this:

“When an administrator's job becomes vacant”

The job of an administrator becomes empty in several situations. If you’re an administrator, your position becomes vacant if you quit your job following the rules in section 239Q. It also becomes vacant if you die. If you no longer meet the requirements to be an administrator as stated in section 239F(2), your position becomes empty too. The court can also remove you from your job, making the position vacant. Lastly, if you stop being a licensed insolvency practitioner who is allowed to be an administrator for the company according to the Insolvency Practitioners Regulation Act 2019, your position will become vacant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321510.

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“How an administrator can resign and what they must do afterwards”

Part 15A Voluntary administration
Resignation and removal of administrator

239PWhen office of administrator is vacant

  1. The office of administrator is vacant if the administrator—

  2. resigns in accordance with section 239Q; or
    1. dies; or
      1. becomes disqualified from appointment as an administrator (see section 239F(2)); or
        1. is removed by the court; or
          1. ceases to be a licensed insolvency practitioner who is permitted to act as an administrator of the company in accordance with the Insolvency Practitioners Regulation Act 2019.

            Compare
            • Corporations Act 2001 s 449C(1) (Aust)
            Notes
            • Section 239P: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
            • Section 239P(a): replaced, on , by section 7(1) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
            • Section 239P(d): amended, on , by section 7(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
            • Section 239P(e): inserted, on , by section 7(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).