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The Companies Amendment Act 2006 implemented on 1 November 2007 increases the transparency and accountability of Insolvency Practitioners and means significant changes to the administration of Insolvencies. The key changes are as follows:
•Liquidation by Shareholder appointment allowed within a 10 day
time frame from the date of service of a winding up
application.
•Phoenix Companies - where a new company is formed using the name,
similar name or trading name of a failed company, directors can be
made personally liable for the debts of the failed company.
•More disclosure required of liquidators.
•Further Grounds of Liquidator Disqualification - in line with the
ethics of NZICA. A person who has, or whose firm has within
the two years immediately before the commencement of the
liquidation provided accounting services to the company or who has
had a continuing business relationship with the company, its
majority shareholder, or any of its secured creditors is now
disqualified.
•Fighting Fund - the liquidator must pay to any creditor who
protects, preserves the value of, or recovers assets of the company
for the benefit of the company's creditors by the payment of money
or the giving of an indemnity, the amount received by the
liquidator by the realisation of those assets, up to the value of
that creditor's unsecured debt; and costs incurred.
•Voluntary Administration - provides a moratorium period during
which the future of a company can be assessed by an independent
party. This is usually a pathway to liquidation or a
compromise (deed of company arrangement).
•Voidable Transactions - uncertainty regarding certain key tests
have been reduced.
•The Accountants Lien - the preferential claim in lieu of a lien
changes from $500 to 10% of the debt up to a maximum of $2,000.
DISCLAIMER
This article is intended to provide general information and should
not be construed as advice of any kind. Parties who require
clarification on issues raised in this article should take their
own advice.