CORPORATIONS ACT 2001
Note: See section 600K.
|PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS
|Division 70 - Information
|Subdivision B - Administration returns
Application of this section
This section applies if a person is the external administrator of a company during all or part of an administration return year for the external administrator for the company.
However, this section does not apply if:
(a) the external administration of the company ends during the administration return year; and
(b) the person is the external administrator of the company when the external administration of the company ends.
Note: If a person is the external administrator of a company when the external administration of the company ends, the person must instead lodge a return under section 70-6.
Annual administration return to be lodged
The person must lodge a return in relation to the external administration of the company by the person during the year or part of the year (as the case requires).
The return must:
(a) be in the approved form; and
(b) be lodged with ASIC within 3 months after the end of the year.
Note: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001.
Meaning of administration return year
Each of the following is an administration return year for an external administrator for a company:
(a) the period of 12 months beginning on the day on which the person first began to be an external administrator of the company;
(b) each subsequent period of 12 months.
Notice of lodgement to be given
The person must give notice that the return has been lodged:
(a) in a members' voluntary winding up - to the members of the company; and
(b) in a creditors' voluntary winding up - to the creditors; and
(c) in a court-ordered winding up - to the creditors; and
(d) if the external administrator is appointed as a provisional liquidator - to the Court; and
(e) if the company is under administration or has executed a deed of company arrangement - to the company;
when next forwarding any report, notice of meeting, notice of call or dividend.
Note: For notification, see section 600G.
Returns for pooled groups
If 2 or more companies are members of a pooled group, then the returns under subsection (3) for those companies may be set out in the same document.