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StatuteCompanies Act 1993

Section 239ADT — Companies Act 1993: Court may order administrator or deed administrator to remedy default

Text of the provision Official document

239ADT Court may order administrator or deed administrator to remedy default (1) The Court may order an administrator or deed administrator to remedy his or her default. (2) Examples of default include the following: (a) the administrator or deed administrator has failed, as required by this Act or otherwise by law, to make or file any return, account, or other document or to give a notice, and has not remedied the default within 10 working days after service on him or her of a notice by a shareholder or creditor of the company in administration requiring that the default be remedied: (b) the administrator or deed administrator has failed, after being required at any time by the liquidator of the company to do so,— (i) to render proper accounts of, and to vouch, his or her receipts and payments as administrator or deed administrator: (ii) to pay to the liquidator the amount properly payable to the liquidator. (3) An application for an order under this section may be made by— (a) a shareholder or creditor of the company, in the case of a default referred to in subsection (2)(a): (b) the liquidator, in the case of a default referred to in subsection (2)(b): (c) in any case, by the Registrar. Section 239ADT: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).

Official source: legislation.govt.nz

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