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Companies Act 1993

Voluntary administration - Notices about steps taken under this Part

239ADW: Administrator must give notice of appointment

You could also call this:

“Company administrator must quickly notify people about their appointment”

When someone is appointed as an administrator for a company, they need to tell people about it quickly. You must do a few things after you’re appointed:

  1. You need to tell the Registrar about your appointment by the end of the next working day.

  2. You need to put an advertisement about your appointment in the newspaper within 3 working days.

  3. You need to write to certain people as soon as you can, but no later than the end of the next working day. These people are the ones who have rights over most or all of the company’s property. In your letter, you need to explain their rights to use their charge under section 239ABL.

You don’t need to tell the person who appointed you about your appointment.

When you tell people about your appointment, you need to say who appointed you. If a court appointed you, you need to say who asked the court to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321636.

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Part 15A Voluntary administration
Notices about steps taken under this Part

239ADWAdministrator must give notice of appointment

  1. An administrator appointed by the company under section 239I, by the liquidator or interim liquidator under section 239J, by a secured creditor under section 239K, by the court under section 239L, or by the creditors under section 239R(2)(a) must,—

  2. before the end of the next working day after appointment, lodge a notice of the appointment with the Registrar; and
    1. not later than 3 working days after appointment, advertise the appointment in accordance with section 3(1)(b); and
      1. as soon as practicable, and in any event not later than the end of the next working day after appointment, give written notice of the appointment to—
        1. each person who holds a charge over the whole, or substantially the whole, of the company's property; or
          1. each person who holds 2 or more charges in the property of the company if the property of the company subject to those charges together is the whole, or substantially the whole, of the company's property; and
          2. in the notice referred to in paragraph (c), set out the rights of the creditor to enforce the charge under section 239ABL.

            1. The administrator need not give notice under subsection (1) to the person who appointed him or her.

            2. A notice of appointment must identify who made the appointment and, if the administrator was appointed by the court, who applied to the court for the appointment.

            Compare
            • Corporations Act 2001 s 450A(1), (3), (4) (Aust)
            Notes
            • Section 239ADW: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
            • Section 239ADW(3): inserted, on , by section 27 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).