Corporations Regulations 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3B - RESTRUCTURING OF A COMPANY  

Division 2 - Restructuring  

Subdivision A - Restructuring generally  

REGULATION 5.3B.03   ELIGIBILITY CRITERIA FOR RESTRUCTURING  

5.3B.03(1)    

For the purposes of paragraph 453C(1)(a) of the Act, the test for eligibility is that on the day the restructuring begins the total liabilities of the company to pay any admissible debts and claims must not exceed $1 million.

5.3B.03(2)    
For the purposes of paragraph 453C(1)(b) of the Act, a period of 7 years is prescribed.

5.3B.03(3)    
For the purposes of paragraph 453C(1)(c) of the Act, a period of 7 years is prescribed.

5.3B.03(4)    
For the purposes of paragraph 453C(2)(b) of the Act, a prescribed circumstance is that:

(a)    the other company is a related body corporate of the company in relation to which the eligibility criteria are to be met; and

(b)    the other company is, or has been:

(i) under restructuring; or

(ii) the subject of a simplified liquidation process; and

(c)    if subparagraph (b)(i) applies - the restructuring practitioner for the other company was appointed no more than 20 business days before the day on which the restructuring of the company in relation to which the eligibility criteria are to be met began; and

(d)    if subparagraph (b)(ii) applies - the other company began to follow the simplified liquidation process no more than 20 business days before the day on which the restructuring of the company in relation to which the eligibility criteria are to be met began.

5.3B.03(5)    
(Repealed by FRLI No F2023L01458, Sch 1 [ 81] (effective 1 November 2023).)