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Companies Act 1993

Voluntary administration - Deed administrator

239ACJA: Provision of information and assistance to replacement deed administrator

You could also call this:

“Helping the new deed administrator take over by providing necessary information and support”

If a new deed administrator takes over, the previous one must help them. You need to give the new administrator all the information they need to do their job properly. This includes things like the company’s records and documents, information about the company’s property, details about any claims, and records of how the deed of company arrangement was managed.

You also need to provide any other help the new administrator needs to do their job. It’s important to do this whenever it’s possible.

If you don’t provide the required information or help, you’re breaking the law. You could be found guilty of an offence and face the punishment described in section 373(2) of the Companies Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411351.

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Part 15A Voluntary administration
Deed administrator

239ACJAProvision of information and assistance to replacement deed administrator

  1. This section applies if a replacement deed administrator is appointed.

  2. The previous deed administrator must, where practicable, provide to the replacement deed administrator the information that the previous deed administrator has in their possession or under their control and that the replacement deed administrator reasonably requires to carry out the functions and duties of deed administrator.

  3. The information referred to in subsection (2) includes—

  4. the records and other documents of the company:
    1. any information necessary to provide the replacement deed administrator with control over the property of the company (to the extent permitted by the deed):
      1. any information relating to claims:
        1. accounting records and other documents of the administration of the deed of company arrangement.

          1. The previous deed administrator must, where practicable, provide to the replacement deed administrator any assistance that the replacement deed administrator reasonably requires to carry out the functions and duties of deed administrator.

          2. A person who fails to comply with subsection (2) or (4) commits an offence and is liable on conviction to the penalty set out in section 373(2).

          Notes
          • Section 239ACJA: inserted, on , by section 21 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).