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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT  

Division 7 - Rights of secured party, owner or lessor    View history reference

Subdivision B - Property subject to security interests    View history reference

SECTION 441D  COURT MAY LIMIT POWERS OF SECURED PARTY ETC. IN RELATION TO SECURED PROPERTY  

441D(1)  

This section applies if:


(a) for the purpose of enforcing a security interest in property of a company, the secured party, or a receiver or other person, does or proposes to do an act of a kind referred to in a paragraph of subsection 441B(1); and
 View history reference


(b) the company is under administration when the secured party, receiver or other person does or proposes to do the act, or the company later begins to be under administration;
 View history reference

but does not apply in a case where section 441A applies.

441D(2)  

 View history reference
On application by the administrator, the Court may order the secured party, receiver or other person not to perform specified functions, or exercise specified powers, except as permitted by the order.

441D(3)  

 View history reference
The Court may only make an order if satisfied that what the administrator proposes to do during the administration will adequately protect the secured party's interests.

441D(4)  

An order may only be made, and only has effect, during the administration.

441D(5)  

An order has effect despite sections 441B and 441C.

 



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