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 7A - Disclaimer of onerous property
History
Heading inserted by No 210 of 1992, s 107 (effective 23 June 1993).
(
CCH Note:
See s 1382-1383.)
SECTION 568A
LIQUIDATOR MUST GIVE NOTICE OF DISCLAIMER
568A(1)
[When notice to be given]
As soon as practicable after disclaiming property, a liquidator must:
(a)
lodge a written notice of the disclaimer; and
(b)
give written notice of the disclaimer to each person who appears to the liquidator to have, or to claim to have, an interest in the property; and
(c)
if the liquidator has reason to suspect that some person or persons may have, or may claim to have, an interest or interests in the property, but either does not know who, or does not know where, the person is or the persons are - comply with subsection
(2); and
(d)
if a law of the Commonwealth or of a State or Territory requires the transfer or transmission of the property to be registered - give written notice of the disclaimer to the registrar or other person who has the function under that law of registering the transfer or transmission of the property.
History
S 568A(1) inserted by No 210 of 1992, s 109 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
568A(2)
[Publication of notice]
If paragraph
(1)(c) applies, the liquidator must cause notice of the disclaimer to be published:
(a)
if the property is situated in a jurisdiction and a daily newspaper circulates generally in that jurisdiction - in a daily newspaper that so circulates; and
(b)
in each jurisdiction in which:
(i) the company has carried on business during or after the period of 6 months ending when the winding up began; and
(ii) a daily newspaper circulates generally;
in a daily newspaper that circulates generally in that jurisdiction;
whether on the same or different days.
History
S 568A(2) inserted by No 210 of 1992, s 109 (effective 23 June 1993).
CCH Note:
See s 1382-1383.