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Companies Act 1993

Voluntary administration - Single administration of related companies in administration

239AEU: Court may order that related company in administration be added to existing pool

You could also call this:

“Court can add a related company in administration to an existing group”

If a company is in administration and is related to other companies that are already in a pool for administration purposes, the court can decide to add this company to the existing pool. You or any creditor of the company, or the administrator or any creditors of the pool, can ask the court to do this. The court will only add the company to the pool if they think it’s fair and right to do so. They will look at certain criteria to make this decision. The court will follow similar steps as they would for other decisions about company pools. However, the court can’t add the company to the pool unless the person managing the pool agrees to 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=DLM321663.

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239AET: Guidelines for single administration order, or

“Rules for deciding if multiple companies can be managed together in administration”

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239AEV: Creditors' meetings in single administration of pool companies, or

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

239AEUCourt may order that related company in administration be added to existing pool

  1. The court may order that a company in administration that is related to the companies in an existing pool be added to the pool for the purposes of administration.

  2. An application under subsection (1) may be made by—

  3. the administrator or any creditor of the company; or
    1. the administrator or any creditors of the pool.

      1. The court may make the order if it is satisfied that it is just and equitable to do so having regard to any 1 or more of the criteria in section 239AET.

      2. Sections 239AER and 239AES apply with all necessary modifications to an application under this section.

      3. The court must not make the order unless the pool administrator consents.

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