Section 239J — Companies Act 1993: Appointment by liquidator or interim liquidator

239J Appointment by liquidator or interim liquidator (1) The liquidator or interim liquidator of a company may appoint an administrator if he or she thinks that the company is insolvent or is likely to become insolvent. (2) The appointment must be in writing and must state the date of the appointment. (3) The liquidator or interim liquidator may appoint himself or herself administrator if he or she first obtains— (a) the permission of the Court; or (b) in the case of a liquidator but not an interim liquidator, the approval of the company's creditors in the form of a resolution passed at a meeting of the creditors. (4) A liquidator or interim liquidator must not appoint as administrator a person who is the liquidator's or interim liquidator's business or professional partner, employer, or employee, unless the appointment has been approved by the company's creditors in the form of a resolution passed at a creditors' meeting. (5) An administrator who is appointed to a company already in liquidation may apply to the Court for an order under section 250 terminating the liquidation. Compare: Corporations Act 2001 (Australia) s 436B Section 239J: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).