Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

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

Division 6 - Proof and ranking of claims  

Subdivision C - Special provisions relating to secured creditors of insolvent companies  

SECTION 554F   REDEMPTION OF SECURITY INTEREST BY LIQUIDATOR  

554F(1)    

This section applies where a secured creditor ' s proof of debt is in respect of the balance due after deducting the creditor ' s estimate of the value of the security interest.

554F(2)    

The liquidator may, at any time, redeem the security interest on payment to the creditor of the amount of the creditor ' s estimate of its value.

554F(3)    

If the liquidator is dissatisfied with the amount of the creditor ' s estimate of the value of the security interest, the liquidator may require the property comprised in the security interest to be offered for sale at such times and on such terms and conditions as are agreed on by the creditor and the liquidator or, in default of agreement, as the Court determines.

554F(4)    
If the property is offered for sale by public auction, both the creditor and the liquidator are entitled to bid for, and purchase, the property.

554F(5)    

The creditor may at any time, by notice in writing, require the liquidator to elect whether to exercise the power to redeem the security interest or to require it to be sold and, if the liquidator does not, within 3 months after receiving the notice, notify the creditor, in writing, that the liquidator elects to exercise the power:

(a) the liquidator is not entitled to exercise it; and

(b) subject to subsection (6), any equity of redemption or other interest in the property comprised in the security interest that is vested in the company or the liquidator vests in the creditor; and

(c) the amount of the creditor ' s debt is, for the purposes of this Division, taken to be reduced by the amount of the creditor ' s estimate of the value of the security interest.

554F(6)    
The vesting of an equity of redemption or other interest in property because of paragraph (5)(b) is subject to compliance with any law requiring the transmission of such interests in property to be registered.