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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 12 - Transition to creditors' voluntary winding up  

SECTION 446B  REGULATIONS MAY PROVIDE FOR TRANSITION IN OTHER CASES  

446B(1)  

The regulations may prescribe cases where:


(a) a company under administration; or


(b) a company that has executed a deed of company arrangement (even if the deed has terminated);

is taken to have passed a special resolution under section 491 that the company be wound up voluntarily.

446B(2)  

 View history reference
The regulations may provide for Part 5.5 or Schedule 2 to apply with prescribed modifications in cases prescribed for the purposes of subsection (1).

[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[127] apply in relation to external administrations on and after 1 September 2017.]

446B(3)  

Without limiting subsection (2), the regulations may provide, in relation to such cases, for matters of a kind provided for by any of subsections 446A(2) to (7) and 446AA(2) to (6), inclusive.

446B(4)  

Regulations in force for the purposes of this section have effect accordingly.

 



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