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 12 - Transition to creditors' voluntary winding up

SECTION 446B   REGULATIONS MAY PROVIDE FOR TRANSITION IN OTHER CASES  

446B(1)  [Deemed passing of voluntary winding up resolution]  

The regulations may prescribe cases where:

(a)  a company under administration; or

(b)  a company that has executed a deed of company arrangement (even if the deed has terminated);

is taken to have passed a special resolution under section 491 that the company be wound up voluntarily.

446B(2)  [Modifications]  

The regulations may provide for Part 5.5 to apply with prescribed modifications in cases prescribed for the purposes of subsection (1).

446B(3)  [Sec 446A(2)-(7)]  

Without limiting subsection (2), the regulations may provide, in relation to such cases, for matters of a kind provided for by any of subsections 446A(2) to (7), inclusive.

446B(4)  [Effect of regulations]  

Regulations in force for the purposes of this section have effect accordingly.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.