Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 3 of Part 8B.6 (for provisions relating to Division 2B ), Division 5 of Part 8B.6 (for provisions relating to Divisions 2 and 2A ) and Division 6 of Part 8B.6 (for provisions relating to Divisions 3 , 4 , 5 and 6 ).
View history note
Hide history note(a) a corporation has contravened section 588V in relation to the incurring of a debt by a company; and
(b) the person to whom the debt is owed has suffered loss or damage in relation to the debt because of the company's insolvency; and
(c) the debt was wholly or partly unsecured when the loss or damage was suffered; and
(d) the company is being wound up;
the company's liquidator may recover from the corporation, as a debt due to the company, an amount equal to the amount of the loss or damage.
588W(2) [ Time limit]Proceedings under this section may only be begun within 6 years after the beginning of the winding up.
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