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Companies Act 1993

Voluntary administration - Notices about steps taken under this Part

239ADWA: Deed administrator must give notice of appointment

You could also call this:

“Deed administrator tells officials and public about new role”

If the people who are owed money by a company (called creditors) choose someone other than the current administrator to be in charge of managing the company’s deed, that person is called the deed administrator. When this happens, the new deed administrator has some important things to do.

First, they need to tell the Registrar about their new job. They have to do this by the end of the next working day after they’re chosen. The Registrar is like a record keeper for companies.

Next, within five working days of getting the job, the deed administrator needs to put an advertisement about their appointment. This is done to let people know about the change.

When the deed administrator tells the Registrar about their new job, they have to say that the creditors chose them at a special meeting called the watershed meeting.

These rules make sure that everyone knows who’s in charge of managing the company’s deed and that the right people are told about the change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS411471.

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

239ADWADeed administrator must give notice of appointment

  1. This section applies if the creditors at the watershed meeting, by resolution, appoint a person other than the administrator of the company to be the deed administrator.

  2. The deed administrator must,—

  3. before the end of the next working day after appointment, lodge a notice of appointment with the Registrar; and
    1. not later than 5 working days after appointment, advertise the appointment in accordance with section 3(1)(a).

      1. A notice of appointment must state that the appointment was made by the creditors at the watershed meeting.

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