Corporations Regulations 2001

SCHEDULE 8 - SCHEMES OF ARRANGEMENT UNDER PART 5.1 OF THE ACT  

(regulation 5.1.01 )

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 3 - PRESCRIBED INFORMATION RELATING TO PROPOSED COMPROMISE OR ARRANGEMENT WITH MEMBERS OR A CLASS OF MEMBERS  

SECTION 8301.  

8301.    
The statement must set out:

(a) unless the company the subject of the Scheme is in the course of being wound up or is under official management, in relation to each director of the company:

(i) whether the director recommends the acceptance of the Scheme or recommends against acceptance and, in either case, his or her reasons for so recommending; or

(ii) if the director is not available to consider the Scheme - that the director is not so available and the cause of his or her not being available; or

(iii) in any other case - that the director does not desire to make, or does not consider himself or herself justified in making, a recommendation and, if the director so requires, his or her reasons for not wishing to do so; or

(b) if the company is in the course of being wound up or is under official management - in relation to each liquidator or each official manager:

(i) whether he or she recommends acceptance of the Scheme or recommends against acceptance and, in either case, his or her reasons for so recommending; or

(ii) in any other case - that the liquidator or official manager does not wish to make a recommendation and his or her reasons for not wishing to do so.