Companies Act 1993

Voluntary administration - Notices about steps taken under this Part

239ADY: Deed administrator must give notice of execution of deed of company arrangement

You could also call this:

“Deed manager must inform creditors, advertise, and notify officials when company arrangement becomes official”

When a company arrangement is made official by signing a deed, the person in charge of managing this deed (called the deed administrator) has to do a few important things. They need to do these tasks as soon as they can after the deed is signed.

First, the deed administrator must write to all the people the company owes money to (called creditors) and tell them that the deed has been signed. This lets the creditors know what’s happening with the company.

Next, the deed administrator has to advertise that the deed has been signed. They must do this in the way described in section 3(1)(a) of the law.

Lastly, the deed administrator needs to give a copy of the signed deed to the Registrar. The Registrar is a person who keeps official records of companies.

By doing these things, the deed administrator makes sure that everyone who needs to know about the company arrangement is informed, and that there’s an official record of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321638.

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

239ADYDeed administrator must give notice of execution of deed of company arrangement

  1. As soon as practicable after a deed of company arrangement is executed, the deed administrator must—

  2. send to each creditor a written notice of the execution of the deed; and
    1. advertise the execution of the deed in accordance with section 3(1)(a); and
      1. file a copy of the deed with the Registrar.
        Compare
        • Corporations Act 2001 s 450B (Aust)
        Notes
        • Section 239ADY: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
        • Section 239ADY(b): amended, on , by section 58 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).