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 5.6 - WINDING UP GENERALLY
Division 6 - Proof and ranking of claims
Subdivision E - Miscellaneous
History
Heading inserted by No 210 of 1992, s 102 (effective 23 June
1993).
SECTION 563B
INTEREST ON DEBTS AND CLAIMS FROM RELEVANT DATE TO DATE OF PAYMENT
563B(1)
[When interest payable]
If, in the winding up of a company, the liquidator pays an amount in respect of an admitted debt or claim, there is also payable to the debtor or claimant, as a debt payable in the winding up, interest, at the prescribed rate, on the amount of the payment in respect of the period starting on the relevant date and ending on the day on which the payment is made.
History
S 563B(1) inserted by No 210 of 1992, s 102 (effective 23 June 1993).
[
CCH Note:
See s 1382-1383.]
563B(2)
[Postponement of interest payment]
Subject to subsection
(3), payment of the interest is to be postponed until all other debts and claims in the winding up have been satisfied, other than debts owed to members of the company as members of the company (whether by way of dividends, profits or otherwise).
History
S 563B(2) inserted by No 210 of 1992, s 102 (effective 23 June 1993).
[
CCH Note:
See s 1382-1383.]
563B(3)
[Limitation]
If the admitted debt or claim is a debt to which section
554B applied, subsection
(2) does not apply to postpone payment of so much of the interest as is attributable to the period starting at the relevant date and ending on the earlier of:
(a)
the day on which the payment is made; and
(b)
the future date, within the meaning of section
554B.
History
S 563B(3) inserted by No 210 of 1992, s 102 (effective 23 June 1993).
[
CCH Note:
See s 1382-1383.]