THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

Division 2 - Appointment of administrator and first meeting of creditors

SECTION 436A   COMPANY MAY APPOINT ADMINISTRATOR IF BOARD THINKS IT IS OR WILL BECOME INSOLVENT  

436A(1)  [How company may appoint administrator]  

A company may, by writing, appoint an administrator of the company if the board has resolved to the effect that:

(a)  in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and

(b)  an administrator of the company should be appointed.

436A(2)  [Where company being wound up]  

Subsection (1) does not apply to a company that is already being wound up.




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