CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
History
Pt 5.3A inserted by No 210 of 1992, s 56 (effective 23 June
1993).
Division 2 - Appointment of administrator and first meeting of creditors
History
Heading inserted by No 210 of 1992, s 56 (effective 23 June
1993).
SECTION 436A
COMPANY MAY APPOINT ADMINISTRATOR IF BOARD THINKS IT IS OR WILL BECOME INSOLVENT
436A(1)
[How company may appoint administrator]
A company may, by writing, appoint an administrator of the company if the board has resolved to the effect that:
(a)
in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and
(b)
an administrator of the company should be appointed.
History
S 436A(1) amended by No 61 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 436A(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
CCH Note:
See s 1380(2), 1383(6).
436A(2)
[Where company being wound up]
Subsection
(1) does not apply to a company that is already being wound up.
History
S 436A(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
CCH Note:
See s 1380(2), 1383(6).