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Companies Act 1993

Liquidations - Appointment and supervision of liquidators

283A: Provision of information and assistance to replacement liquidator

You could also call this:

“Help the new liquidator by providing information and assistance”

If a new liquidator takes over, the previous liquidator must help them. You need to give the new liquidator all the important 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 about the liquidation process. You also need to give the new liquidator any other help they might need to do their job well. If you don’t give the new liquidator the information or help they need, you might be breaking the law. If you’re found guilty of not helping, you could be punished as set out 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=LMS412338.

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Part 16 Liquidations
Appointment and supervision of liquidators

283AProvision of information and assistance to replacement liquidator

  1. This section applies if a replacement liquidator is appointed.

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

  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 liquidator with control over the property of the company:
      1. any information relating to claims:
        1. accounting records and other documents of the liquidation.

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

          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 283A: inserted, on , by section 50 of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).