Corporations Act 2001
Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .
View history note
Hide history noteThe administration of a company:
(a) begins when an administrator of the company is appointed under section 436A , 436B or 436C ; and
(b) ends on the happening of whichever event of a kind referred to in subsection (2) or (3) happens first after the administration begins.
435C(2)
The normal outcome of the administration of a company is that:
(a) a deed of company arrangement is executed by both the company and the deed ' s administrator; or
(b) the company ' s creditors resolve under paragraph 439C(b) that the administration should end; or
(c) the company ' s creditors resolve under paragraph 439C(c) that the company be wound up.
435C(3)
However, the administration of a company may also end because:
(a) the Court orders, under section 447A or otherwise, that the administration is to end, for example, because the Court is satisfied that the company is solvent; or
(b) the convening period, as fixed by subsection 439A(5) , for a meeting of the company ' s creditors ends:
(i) without the meeting being convened in accordance with section 439A ; and
(ii) without an application being made for the Court to extend under subsection 439A(6) the convening period for the meeting; or
(c) an application for the Court to extend under subsection 439A(6) the convening period for such a meeting is finally determined or otherwise disposed of otherwise than by the Court extending the convening period; or
(d) the convening period, as extended under subsection 439A(6) , for such a meeting ends without the meeting being convened in accordance with section 439A ; or
(e) such a meeting convened under section 439A ends (whether or not it was earlier adjourned) without a resolution under section 439C being passed at the meeting; or
(f) the company contravenes subsection 444B(2) by failing to execute a proposed deed of company arrangement; or
(g) the Court appoints a provisional liquidator of the company, or orders that the company be wound up; or
(h) if the company is a general insurer (within the meaning of the Insurance Act 1973 ) - management of the general insurer vests in a judicial manager of the company appointed by the Federal Court under Part VB of the Insurance Act 1973 ; or
(i) if the company is a life company (within the meaning of the Life Insurance Act 1995 ) - management of the life company vests in a judicial manager of the life company appointed by the Federal Court under Part 8 of the Life Insurance Act 1995 .
435C(4)
During the administration of a company, the company is taken to be under administration.
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