CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.6 - WINDING UP GENERALLY
Division 3 - Liquidators
SECTION 530A
OFFICERS TO HELP LIQUIDATOR
530A(1)
(Delivery of books to liquidator)
As soon as practicable after the Court orders that a company be wound up or appoints a provisional liquidator of a company, or a company resolves that it be wound up, each officer of the company must:
(a)
deliver to the liquidator appointed for the purposes of the winding up, or to the provisional liquidator, as the case may be, all books in the officer's possession that relate to the company, other than books possession of which the officer is entitled, as against the company and the liquidator or provisional liquidator, to retain; and
(b)
if the officer knows where other books relating to the company are - tell the liquidator or provisional liquidator where those books are.
History
S 530A(1) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(2)
(Officers to attend on liquidator)
Where a company is being wound up, or a provisional liquidator of a company is acting, an officer of the company must:
(a)
attend on the liquidator or provisional liquidator at such times; and
(b)
give the liquidator or provisional liquidator such information about the company's business, property, affairs and financial circumstances; and
(c)
attend such meetings of the company's creditors or members;
as the liquidator or provisional liquidator reasonably requires.
History
S 530A(2) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(3)
(Officer to help liquidator)
An officer of a company that is being wound up must do whatever the liquidator reasonably requires the officer to do to help in the winding up.
History
S 530A(3) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(4)
(Officer to help provisional liquidator)
An officer of a company must do whatever a provisional liquidator of the company reasonably requires the officer to do to help in the performance or exercise of any of the provisional liquidator's functions and powers.
History
S 530A(4) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(5)
(Officer to notify address)
The liquidator or provisional liquidator of a company may require an officer of the company:
(a)
to tell the liquidator the officer's residential address and work or business address; or
(b)
to keep the liquidator informed of any change in either of those addresses that happens during the winding up.
History
S 530A(5) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(6)
(Failure to comply)
A person must not, without reasonable excuse, fail to comply with subsection
(1),
(2),
(3) or
(4), or with a requirement under subsection
(5).
History
S 530A(6) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(7)
(``officer'')
In this section:
``officer''
, in relation to a company, means a person who is, or has
been but is no longer, an officer (as defined by section
82A) of the company.
History
S 530A(7) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(8)
[Mere employee not officer]
However, a person is not an officer of a company for the purposes of this section merely because he or she is or has been an employee of the company.
History
S 530A(8) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
530A(9)
[Generality of section unlimited]
Nothing in this section limits the generality of anything else in it.
History
S 530A(9) inserted by No 210 of 1992, s 87 (effective 23 June 1993).
CCH Note:
See s 1382-1383.