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Companies Act 1993

Voluntary administration - Single administration of related companies in administration

239AES: Notice that application filed must be given to administrators and creditors

You could also call this:

“Telling administrators and creditors about your court application for a company in voluntary administration”

When you ask the court for an order about a company in voluntary administration, you need to tell some people about it. You must let the administrator of each company and all the creditors know that you’ve filed an application. This is important unless the court says you don’t have to do it.

When you tell these people, you need to give them some specific information. You have to say which companies the order is about. You also need to tell them all the important facts you know that might affect whether the court gives the order or not. Make sure you let them know they can disagree with your application by filing a statement of defence, following the High Court Rules 2016.

Remember, you still need to do everything else the High Court Rules 2016 say you should do when you file an application. This notice is just an extra step you need to take.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321661.

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Part 15A Voluntary administration
Single administration of related companies in administration

239AESNotice that application filed must be given to administrators and creditors

  1. Unless the court orders otherwise, an applicant for an order under section 239AER must give notice that the application has been filed to—

  2. the administrator of each company in administration; and
    1. each creditor of each company in administration.

      1. The notice must—

      2. identify each company to which the proposed order relates; and
        1. summarise all information known to the applicant that is material to whether the order should be made; and
          1. state that a person to whom the notice must be given may oppose the application by filing a statement of defence in accordance with the High Court Rules 2016.

            1. The notice requirement in this section is in addition to anything required by the High Court Rules 2016 to be done.

            Notes
            • Section 239AES: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
            • Section 239AES(2)(c): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
            • Section 239AES(3): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).