THE CORPORATIONS LAW

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES

PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS

SECTION 234   WHO CAN APPLY FOR ORDER  

234     An application for an order under section 233 in relation to a company may be made by:

(a)  a member of the company, even if the application relates to an act or omission that is against:

(i) the member in a capacity other than as a member; or
(ii) another member in their capacity as a member; or

(b)  a person who has been removed from the register of members because of a selective reduction; or

(c)  a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or

(d)  a person to whom a share in the company has been transmitted by will or by operation of law; or

(e)  a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:

(i) the company's affairs; or
(ii) matters connected with the company's affairs.
Note 1:

If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2: For selective reduction , see subsection 256B(2).




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