Companies Act 1993

239AEB Company must disclose fact of administration

• (1) A company must set out, in every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company, after the company's name where it first appears,—

  • (a) for as long as the company is in administration, the words “administrator appointed”; and

  • (b) for as a long as a deed of company arrangement is in force, the words “subject to deed of company arrangement”.

  (2) The court may, on an application by the company, exempt the company from the requirement in subsection (1)(b).

  (3) A company that fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(1).

  Compare: Corporations Act 2001 s 450E (Aust)

  Section 239AEB: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).