Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.4B - WINDING UP IN INSOLVENCY OR BY THE COURT  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 2 - Court-appointed liquidators  

SECTION 475   REPORT AS TO COMPANY'S AFFAIRS TO BE SUBMITTED TO LIQUIDATOR  

475(1A)    
In this section:

liquidator
includes a provisional liquidator.

475(1)    
There must be made out and verified by a statement in writing in the prescribed form, and submitted to the liquidator, by the persons who were, at the date of the winding up order or, if the liquidator specifies an earlier date, that earlier date, the directors and secretary of the company a report in the prescribed form as to the affairs of the company as at the date concerned.

475(2)    
The liquidator may, by notice in writing served personally or by post addressed to the last known address of the person, require one or more persons included in one or more of the following classes of persons to make out as required by the notice, verify by a statement in writing in the prescribed form, and submit to him or her, a report, containing such information as is specified in the notice as to the affairs of the company or as to such of those affairs as are specified in the notice, as at a date specified in the notice:

(a)    persons who are or have been officers of the company;

(b)    where the company was formed within one year before the date of the winding up order - persons who have taken part in the formation of the company;

(c)    persons who are employed by the company or have been employed by the company within one year before the date of the winding up order and are, in the opinion of the liquidator, capable of giving the information required;

(d)    persons who are, or have been within one year before the date of the winding up order, officers of, or employed by, a body corporate that is, or within that year was, an officer of the company to the affairs of which the report relates;

(e)    a person who was a provisional liquidator of the company.

475(3)    
The liquidator may, in a notice under subsection (2) , specify the information that he or she requires as to affairs of the company by reference to information required by this Act or the regulations to be included in any other report, statement or notice under this Act.

475(4)    

A report referred to in subsection (1) must, subject to subsection (6) , be submitted to the liquidator not later than 10 business days after the making of the winding up order.

475(5)    

A person required to submit a report referred to in subsection (2) must, subject to subsection (6) , submit it not later than 10 business days after the liquidator serves notice of the requirement.

475(6)    
Where the liquidator believes there are special reasons for so doing, he or she may, on an application in writing made to him or her before the end of the time limited by subsection (4) or (5) for the submission by the applicant of a report under subsection (1) or (2) , grant, by notice in writing, an extension of that time.

475(7)    

A liquidator:

(a)    must, within 5 business days after receiving a report under subsection (1) or (2) , cause a copy of the report to be filed with the Court and a copy to be lodged; and

(b)    must, where he or she gives a notice under subsection (6) , as soon as practicable lodge a copy of the notice.

475(8)    

A person making or concurring in making a report required by this section and verifying it as required by this section must, subject to the rules of court, be allowed, and must be paid by the liquidator out of the property of the company, such costs and expenses incurred in and about the preparation and making of the report and the verification of that report as the liquidator considers reasonable.

475(9)    

A person must not contravene a provision of this section.

475(10)    

An offence based on subsection (9) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

475(11)    

Subsection (9) does not apply to the extent that the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (11) , see subsection 13.3(3) of the Criminal Code .