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StatuteCompanies Act 1993

Section 239H — Companies Act 1993: Who may appoint administrator

Text of the provision Official document

239H Who may appoint administrator (1) An administrator may be appointed to a company by— (a) the company ( see section 239I ); or (b) if the company is in liquidation, the liquidator ( see section 239J ); or (c) if an interim liquidator has been appointed, the interim liquidator ( see section 239J ); or (d) a secured creditor holding a charge over the whole, or substantially the whole, of the company's property ( see section 239K ); or (e) the Court ( see section 239L ). (2) If the company is already in administration, an administrator may be appointed only by— (a) the Court; or (b) the creditors, as a replacement administrator for an administrator that the creditors have removed; or (c) the appointor of the first administrator, if that administrator has died, resigned, or become disqualified. Compare: Corporations Act 2001 (Australia) s 436D Section 239H: 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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