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Companies Act 1993

Voluntary administration - Deed administrator

239ACH: When office of deed administrator vacant

You could also call this:

“How a deed administrator's position becomes vacant”

When a deed administrator’s job becomes empty, it can happen for a few reasons. You should know that the job is no longer filled if the deed administrator quits their job as explained in [section 239ACI]. The job also becomes empty if the deed administrator dies. Another way the job can become empty is if the person is no longer allowed to be a deed administrator, which you can learn more about in [section 239ACD(2)]. The court can also remove the deed administrator from their job, making the position empty. Lastly, if the deed administrator stops being a licensed insolvency practitioner who is allowed to work for the company according to the Insolvency Practitioners Regulation Act 2019, their job becomes empty too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321589.

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“Multiple people can be appointed as deed administrators and work together or separately”

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239ACI: Deed administrator may resign, or

“Deed administrator can quit by writing to the company”

Part 15A Voluntary administration
Deed administrator

239ACHWhen office of deed administrator vacant

  1. The office of the deed administrator is vacant if the deed administrator—

  2. resigns in accordance with section 239ACI; or
    1. dies; or
      1. becomes disqualified from appointment as a deed administrator (see section 239ACD(2)); or
        1. is removed by the court; or
          1. ceases to be a licensed insolvency practitioner who is permitted to act as a deed administrator of the company in accordance with the Insolvency Practitioners Regulation Act 2019.

            Notes
            • Section 239ACH: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
            • Section 239ACH(a): replaced, on , by section 20(1) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
            • Section 239ACH(ab): inserted, on , by section 20(1) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
            • Section 239ACH(c): amended, on , by section 20(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
            • Section 239ACH(d): inserted, on , by section 20(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).