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Companies Act 1993

Voluntary administration - First creditors' meeting to appoint creditors' committee

239AO: Notice of first and subsequent creditors' meetings

You could also call this:

“Rules for notifying creditors about meetings during voluntary administration”

When a company is in voluntary administration, the administrator must organise meetings for the company’s creditors. You need to tell as many of the company’s creditors as you can about these meetings by writing to them. You also need to advertise the meetings in the way described in section 3(1)(a).

You have to do these things at least 5 working days before the meeting happens. This applies to the first meeting and any meetings after that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321539.

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Part 15A Voluntary administration
First creditors' meeting to appoint creditors' committee

239AONotice of first and subsequent creditors' meetings

  1. The administrator must call the first and subsequent creditors' meetings by—

  2. giving written notice of the meeting to as many of the company's creditors as reasonably practicable; and
    1. advertising the meeting in accordance with section 3(1)(a).

      1. The administrator must take the steps in subsection (1) not less than 5 working days before the meeting.

      Compare
      • Corporations Act 2001 s 436E(3) (Aust)
      Notes
      • Section 239AO: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
      • Section 239AO(1)(b): amended, on , by section 58 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).