Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 8 of Part 8B.6 .
The acts of an external administrator are valid despite any defects that may afterwards be discovered in his or her appointment or qualification.
600J(2)
A disposition of a company ' s property by an external administrator (including a disposition by way of conveyance, assignment, transfer or an instrument giving rise to a security interest) is, despite any defect or irregularity affecting the validity of the winding up or the appointment of the external administrator, valid in favour of any person taking such property in good faith and for value and without actual knowledge of the defect or irregularity.
600J(3)
A person making or permitting a disposition of property to an external administrator is to be protected and indemnified in so doing despite any defect or irregularity affecting the validity of the winding up or the appointment of the external administrator that is not then known to that person.
600J(4)
For the purposes of this section, a disposition of property is taken to include a payment of money.
600J(5)
In this section:
external administrator
of a company has the same meaning as in Schedule
2
.
[ CCH Note: Regulation 10.25.02(3)(i) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[203] apply in relation to external administrations on and after 1 September 2017.]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.