Plain language law

New Zealand law explained for everyone

Companies Act 1993

Voluntary administration - Protection of company's property during administration

239ABG: Enforcement process halted

You could also call this:

“No legal actions can take company property during administration without court approval”

When a company is being managed by an administrator, you can’t start or continue any legal actions to take the company’s property. This rule is called “enforcement process halted”. If you want to take legal action against the company’s property during this time, you need to ask the court for permission. The court can decide if they will allow it and can set rules about how it should happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321559.

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239ABF: Administrator not liable in damages for refusing consent, or

“Administrators protected from legal action for withholding consent”

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239ABH: Duties of court officer in relation to company's property, or

“Court officers' responsibilities when handling a company's property during administration”

Part 15A Voluntary administration
Protection of company's property during administration

239ABGEnforcement process halted

  1. During the administration of a company, an enforcement process in relation to the company's property must not be begun or continued except with the permission of the court and in accordance with the terms that the court imposes.

Compare
  • Corporations Act 2001 s 440F (Aust)
Notes
  • Section 239ABG: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).