Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

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

Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .

Division 10 - Execution and effect of deed of company arrangement  

SECTION 444B   EXECUTION OF DEED  

444B(1)    
This section applies where an instrument is prepared under section 444A.

444B(2)    

The company must execute the instrument within:

(a) 15 business days after the end of the meeting of creditors; or

(b) such further period as the Court allows on an application made within those 15 business days.

444B(3)    
The board of the company may, by resolution, authorise the instrument to be executed by or on behalf of the company.

444B(4)    
Subsection (3) has effect despite section 198G , but does not limit the functions and powers of the administrator of the company.

444B(5)    

The proposed administrator of the deed must execute the instrument before, or as soon as practicable after, the company executes it.

444B(6)    

When executed by both the company and the deed's proposed administrator, the instrument becomes a deed of company arrangement.

444B(7)    
Division 12 provides for consequences of the company contravening subsection (2).