Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
View history note
Hide history noteA reference in this section to an order to wind up a company is a reference to an order to wind up the company on a ground provided for by section 461 .
462(2) [ Who may apply]Subject to this section, any one or more of the following may apply for an order to wind up a company:
(a) the company; or
(b) a creditor (including a contingent or prospective creditor) of the company; or
(c) a contributory; or
(d) the liquidator of the company; or
(e) ASIC pursuant to section 464; or
(f) ASIC (in the circumstances set out in subsection (2A)); or
[ CCH Note: There is no paragraph 462(2)(g).]
(h) APRA. 462(2A) [ When ASIC may apply]
ASIC may apply for an order to wind up a company under paragraph (2)(f) only if:
(a) the company has no members; and
(b) ASIC has given the company at least 1 month's written notice of its intention to apply for the order. 462(3)
(Repealed by No 105 of 2008, s 3, Sch 3, Pt 2 [ 30] (effective 18 October 2008).)
[
CCH Note
: Act No 105 of 2008, s 3, Sch 3, Pt 2
[
31] contained the following saving provision (which was effective 18 October 2008):
Saving
]
The amendments of sections 461 and 462 of the
Corporations Act 2001
made by this Part do not apply in relation to applications made before the commencement of the amendments for orders that companies be wound up.
462(4) [ When contingent or prospective creditor may apply]
The Court must not hear an application by a person being, or persons including, a contingent or prospective creditor of a company for an order to wind up the company unless and until:
(a) such security for costs has been given as the Court thinks reasonable; and
(b) a prima facie case for winding up the company has been established to the Court's satisfaction. 462(5) [ Entitlement to apply otherwise]
Except as permitted by this section, a person is not entitled to apply for an order to wind up a company.
[ CCH Note: There is no section 463.]
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
