Section 239AI — Companies Act 1993: Administrator must report misconduct

239AI Administrator must report misconduct (1) The administrator must as soon as practicable report the matter to the Registrar if the administrator believes that— (a) a past or present director, officer, or shareholder of the company has committed an offence in relation to the company; or (b) an offence material to the administration has been committed by the company or any director, officer, or shareholder of the company under this Act or any of the following Acts: (i) the Crimes Act 1961: (ii) the Securities Act 1978: (iii) the Securities Markets Act 1988: (iv) the Financial Reporting Act 1993: (v) the Takeovers Act 1993; or (c) a person who has taken part in the formation, promotion, administration, management, or liquidation of the company— (i) may have misapplied or retained or become liable or accountable for the company's money or property (whether in New Zealand or elsewhere); or (ii) may have been guilty of negligence, default, or breach of duty or trust in relation to the company. (2) In any case where the administrator makes a report under subsection (1), the administrator must give the Registrar assistance that the Registrar may reasonably require by way of— (a) provision of information; and (b) access to documents; and (c) facilities for inspecting and copying documents. (3) In any case where the Court is satisfied that the administrator should make a report under subsection (1) and has not done so, the Court may, on the application of an interested person, direct the administrator to make a report. Compare: Corporations Act 2001 (Australia) s 438D Section 239AI: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).