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StatuteCompanies Act 1993

Section 239ADW — Companies Act 1993: Administrator must give notice of appointment

Text of the provision Official document

239ADW Administrator must give notice of appointment (1) An administrator appointed by the company under section 239I , by the liquidator or interim liquidator under section 239J , by a secured creditor under section 239K , by the Court under section 239L , or by the creditors under section 239R(2)(a) must,— (a) before the end of the next working day after appointment, lodge a notice of the appointment with the Registrar; and (b) not later than 3 working days after appointment, advertise the appointment in accordance with section 3(1)(b) ; and (c) as soon as practicable, and in any event not later than the end of the next working day after appointment, give written notice of the appointment to— (i) each person who holds a charge over the whole, or substantially the whole, of the company's property; or (ii) each person who holds 2 or more charges in the property of the company if the property of the company subject to those charges together is the whole, or substantially the whole, of the company's property; and (d) in the notice referred to in paragraph (c), set out the rights of the creditor to enforce the charge under section 239ABL . (2) The administrator need not give notice under subsection (1) to the person who appointed him or her. Compare: Corporations Act 2001 (Australia) s 450A(1), (3), (4) Section 239ADW: 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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