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CORPORATIONS ACT 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)    View history reference

Note: See section 600K.

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 65 - Funds handling  

CLAUSE 65-20  CONSEQUENCES FOR FAILURE TO PAY MONEY INTO ADMINISTRATION ACCOUNT  

 View history reference

Application of this section

65-20(1)  

This section applies if:


(a) an external administrator of a company:


(i) is subject to a requirement under subsection 65-5(1) (paying money into administration account); and

(ii) fails to comply with the requirement in relation to an amount of money; and


(b) the amount exceeds:


(i) $50; or

(ii) if another amount is prescribed - that other amount.

Exception

65-20(2)  

Subsection (1) does not apply if, on the application of the external administrator of the company, the Court is satisfied that the external administrator had sufficient reason for failing to comply with the requirement in relation to the amount.

External administrator must pay penalty on excess

65-20(3)  

The external administrator must, as a penalty, pay interest to the Commonwealth on the excess, worked out:


(a) at the rate of 20% per year; or


(b) if another rate is prescribed - at that other rate;

for the period during which the external administrator fails to comply with the requirement.

65-20(4)  

The external administrator is personally liable for, and is not entitled to be reimbursed out of the property of the company in relation to, the payment of that interest.

 



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