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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.2 - RECEIVERS, AND OTHER CONTROLLERS, OF PROPERTY OF CORPORATIONS  

SECTION 422C  TRANSFER OF BOOKS TO NEW CONTROLLER  

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Application of this section

422C(1)  

This section applies if:


(a) a person (the former controller) ceases to act as a controller of property of a corporation; and


(b) ASIC has not issued a notice to the former controller under section 422D; and


(c) a registered liquidator (the new controller) is appointed instead as:


(i) the controller of that property of the corporation; or

(ii) if the corporation is a company under external administration - the external administrator of the company.

Transfer of books to new controller

422C(2)  

The former controller must transfer to the new controller, within 5 business days after the new controller is appointed, possession or control of any books relating to the control of the property that are in the former controller's possession or control.

422C(3)  

The former controller may take a copy of any part of the books before transferring possession or control of them to the new controller.

New controller must allow inspection etc.

422C(4)  

After possession or control of the books is transferred, the new controller must allow the former controller to inspect them at any reasonable time and take a copy of any part of the books.

Offence

422C(5)  

A person commits an offence if:


(a) the person is subject to a requirement under subsection (2) or (4); and


(b) the person intentionally or recklessly fails to comply with the requirement.

Penalty: 50 penalty units.

Lien against books not prejudiced

422C(6)  

If the new controller is entitled to take possession or control of the books under this section:


(a) a person is not entitled, as against the new controller, to claim a lien on the books; and


(b) such a lien is not otherwise prejudiced.

[CCH Note: Regulation 10.25.02(3)(g) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[91] apply in relation to external administrations on and after 1 September 2017.]


 



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