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Companies Act 1993

Voluntary administration - Effect of appointment of administrator

239V: Administrator's powers

You could also call this:

“What an administrator can do when managing a company in voluntary administration”

When a company goes into voluntary administration, an administrator is appointed to manage its affairs. As the administrator, you have special powers to help you do your job.

You have the power to carry out all the tasks and responsibilities that the law gives to an administrator. This includes any specific powers mentioned in the Companies Act 1993.

Some of your important powers as an administrator are:

  1. You can start, continue, stop, or defend legal cases for the company.

  2. You can keep running the company’s business, but only as much as you need to for the administration process.

  3. You can choose someone else (called an agent) to do any of the things you’re allowed to do as the administrator.

These powers help you manage the company and make decisions while it’s in voluntary administration.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321517.

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239U: Outline of administrator's role, or

“Administrator's duties and powers when a company is in administration”

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239W: Administrator is company's agent, or

“The administrator acts on behalf of a company in voluntary administration”

Part 15A Voluntary administration
Effect of appointment of administrator

239VAdministrator's powers

  1. The administrator has the powers—

  2. to carry out the functions and duties of an administrator under this Act; and
    1. conferred on an administrator under this Act.

      1. An administrator's powers include the powers to—

      2. begin, continue, discontinue, and defend legal proceedings; and
        1. carry on, to the extent necessary for the administration of the company, the business of the company; and
          1. appoint an agent to do anything that the administrator has power to do.

            Compare
              Notes
              • Section 239V: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).