THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.6 - WINDING UP GENERALLY

Division 7A - Disclaimer of onerous property

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.

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.




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