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Companies Act 1993

Voluntary administration - Rights of secured creditor, owner, or lessor

239ABP: Giving notice under security agreement

You could also call this:

“Notices under security agreements still allowed despite other rules”

You can still give a notice under the rules of a security agreement, even if Section 239ABC says something different. This means that if you have a security agreement with someone, you can follow its rules for giving notices, and Section 239ABC won’t stop you from doing 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=DLM321569.

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239ABO: Court may limit powers of secured creditor, etc, in relation to property subject to charge, or

“Court can restrict actions of those with rights over a company's property during administration”

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239ABQ: If recovery of property begins before administration, or

“Property recovery started before administration can continue”

Part 15A Voluntary administration
Rights of secured creditor, owner, or lessor

239ABPGiving notice under security agreement

  1. Section 239ABC does not prevent a person from giving a notice under the provisions of a security agreement.

Compare
  • Corporations Act 2001 s 441E (Aust)
Notes
  • Section 239ABP: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).