Acting as a debtor representative for a business name holder

About debtor representatives

A debtor representative manages a business name holder’s external administration or bankruptcy. They are usually an external administrator or a trustee.

If you have been appointed as a debtor representative for a business name holder, you must add yourself to the business names register. You must also tell us of any changes to your details within 28 days.

Your name will be shown on the business names register.

Capacity of the debtor representative

When you add yourself, you will need to tell us the capacity in which you are being appointed or authorised. This can be as:

• a trustee in bankruptcy
• a liquidator within the meaning given by section 6(1) of the Income Tax Assessment Act 1936
• a receiver
• a controller within the meaning of section 9 of the Corporations Act 2001
• an administrator appointed to an entity under Division 2 of Part 5.3A of the Corporations Act
• a person appointed or authorised under a Commonwealth, state or territory law to manage the affairs of an entity because it is unable to pay all its debts when they are due
• an administrator of a deed of company arrangement executed by the entity
• a foreign representative in respect of a foreign proceeding that has been recognised for the purposes of the Cross-Border Insolvency Act 2008.

Nominating someone else to carry on the business

As a debtor representative, you can authorise someone to carry on the business. This person is called the ‘nominated manager’. You will need to tell us their name and when they were nominated. Their name does not appear on the public register.

The nominated manager does not have the authority to make changes to the business names register.

How to add, remove or update a debtor representative or nominated manager