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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.5 - VOLUNTARY WINDING UP    View history reference

Division 4 - Voluntary winding up generally  

SECTION 506A  DECLARATIONS BY LIQUIDATOR - RELEVANT RELATIONSHIPS AND INDEMNITIES  

 View history reference

Scope

506A(1)  

This section applies to a liquidator appointed in relation to a creditors' voluntary winding up.

Declaration and notification of relevant relationships and indemnities

506A(2)  

Within 10 business days after the day of the meeting of the company at which the resolution for voluntary winding up is passed, the liquidator must:


(a) make:


(i) a declaration of relevant relationships; and

(ii) a declaration of indemnities; and


(b) give a copy of each declaration to as many of the company's creditors as reasonably practicable.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

506A(3)  

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As soon as practicable after making a declaration under subsection (2), the administrator must lodge a copy of the declaration with ASIC.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

Replacement declarations

506A(4)  

If:


(a) at a particular time, the liquidator makes:


(i) a declaration of relevant relationships; or

(ii) a declaration of indemnities;

under subsection (2) of this section; and


(b) at a later time:


(i) the declaration has become out-of-date; or

(ii) the liquidator becomes aware of an error in the declaration;

the liquidator must, as soon as practicable, make:


(c) if subparagraph (a)(i) applies - a replacement declaration of relevant relationships; or


(d) if subparagraph (a)(ii) applies - a replacement declaration of indemnities.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

506A(5)  

The liquidator must table a copy of a replacement declaration under subsection (4):


(a) if:


(i) there is a committee of inspection; and

(ii) the next meeting of the committee of inspection occurs before the next meeting of the company's creditors;

at the next meeting of the committee of inspection; or


(b) in any other case - at the next meeting of the company's creditors.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

506A(6)  

 View history reference
As soon as practicable after making a replacement declaration under subsection (4), the administrator must lodge a copy of the replacement declaration with ASIC.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

506A(7)  

In a prosecution for an offence constituted by a failure to include a matter in a declaration under this section, it is a defence if the defendant proves that:


(a) the defendant made reasonable enquiries; and


(b) after making these enquiries, the defendant had no reasonable grounds for believing that the matter should have been included in the declaration.

[CCH Note: Regulation 10.25.02(3)(h) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[167] apply in relation to external administrations on and after 1 September 2017.]


 



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