Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.6 - WINDING UP GENERALLY

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 4 - General

SECTION 545 EXPENSES OF WINDING UP WHERE PROPERTY INSUFFICIENT

545(1)
Subject to this section, a liquidator is not liable to incur any expense in relation to the winding up of a company unless there is sufficient available property.

545(2)
The Court or ASIC may, on the application of a creditor or a contributory, direct a liquidator to incur a particular expense on condition that the creditor or contributory indemnifies the liquidator in respect of the recovery of the amount expended and, if the Court or ASIC so directs, gives such security to secure the amount of the indemnity as the Court or ASIC thinks reasonable.

545(3)
Nothing in this section is taken to relieve a liquidator of any obligation to lodge a document (including a report) with ASIC under any provision of this Act by reason only that he or she would be required to incur expense in order to perform that obligation.

[ CCH Note: S 545(3) will be amended by No 69 of 2020, s 3, Sch 1[779], by inserting " or the Registrar " after " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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