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Companies Act 1993

Voluntary administration - Interface with liquidation

239ABZ: Person in control of company must lodge revised report with Registrar

You could also call this:

“Update and submit reports when a company in administration becomes liquidated”

When a company that’s in administration or under a deed of company arrangement gets a liquidator, some important things need to happen. If you’re the administrator or deed administrator, you have to give some documents to the Registrar as soon as you can. These documents include a copy of the report you gave to creditors before the watershed meeting, and a new report that updates the first one. This new report should include any new information or changes that affect the company’s money situation.

If there’s no administrator or deed administrator when the company goes into liquidation, the job of giving these reports to the Registrar falls to the company’s directors. They need to do the same things an administrator or deed administrator would do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321580.

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Part 15A Voluntary administration
Interface with liquidation

239ABZPerson in control of company must lodge revised report with Registrar

  1. This section applies when a liquidator is appointed to a company that is in administration or under a deed of company arrangement.

  2. The administrator or, if the company is under a deed of company arrangement, the deed administrator must as soon as practicable lodge the following documents with the Registrar:

  3. a copy of the administrator's report that accompanied the notice to creditors of the watershed meeting; and
    1. a further report updating the administrator's report with any matters of which the administrator or deed administrator is aware that—
      1. are not referred to in the administrator's report, or have changed since that report; and
        1. affect the financial position of the company.

        2. If there is no administrator or deed administrator acting when the company is placed in liquidation, the director or directors of the company at the date of liquidation must take the steps described in subsection (2) as if they were the administrator or deed administrator.

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