Corporations Regulations 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

REGULATION 5.6.39   NOTICE TO SUBMIT PARTICULARS OF DEBT OR CLAIM  
Companies not subject to the simplified liquidation process

5.6.39(1)    

Subject to subregulations (1A) and (1B) , a liquidator may from time to time fix a day, not less than 14 days after the day on which notice is given in accordance with subregulation (2) , on or before which a creditor may submit particulars of his or her debt or claim.

Companies subject to the simplified liquidation process

5.6.39(1A)    

Subregulation (1) does not apply in relation to a liquidator of a company that is subject to the simplified liquidation process.

5.6.39(1B)    

A liquidator of a company that is subject to the simplified liquidation process must fix a single day that is 14 days after the day on which notice is given in accordance with subregulation (2) , on or before which a creditor may submit particulars of his or her debt or claim.

Notice requirements

5.6.39(2)    

A notice under subregulation (1) or (1B) must be lodged with ASIC in accordance with subregulation 5.6.75(4) .

5.6.39(3)    

A notice under subregulation (1) or (1B) must state at least the following information:

(a)    the name of the company;

(b)    any trading name of the company;

(c)    the ACN of the company;

(ca)    

if Division 1 of Part 5.6 of the Act applies for a sub-fund of a CCIV because of section 1237B of the Act - the ARFN of the sub-fund;

(d)    

the day fixed under subregulation (1) or (1B), as the case requires.

5.6.39(4)    

A notice under subregulation (1B) may include a requirement that all, or a specified class, of debts or claims must be proved formally.

Note: If Division 1 of Part 5.6 of the Act applies for a sub-fund of a CCIV because of section 1237B of the Act, that section translates most of this regulation ' s references to the company so that they are references to the sub-fund.