Corporations Legislation Amendment Regulation 2012 (No. 1) (114 of 2012)

Schedule 1   Amendments of Corporations Regulations 2001

[6]   After Part 5.4

insert

Part 5.4C Winding up by ASIC

5.4C.01 Notice of intention to order winding up of a company

(1)For subparagraph 489EA (6) (b) (ii) of the Act, this regulation prescribes the manner of publishing notice of ASIC's intention to make an order under subsection 489EA (1), (2), (3) or (4) of the Act.

(2)Notice is to be published on the publication website, established under subsection 5.6.75 (1), at least 10 business days before ASIC makes the order.

Part 5.5 Voluntary winding up

5.5.01 Notice of resolution to wind up voluntarily

(1)This regulation is made for paragraph 491 (2) (b) of the Act.

(2)The information about a resolution that is to be set out in a notice is at least the following information:

(a)the name of the company;

(b)any trading name of the company;

(c)the ACN of the company;

(d)the section of the Act under which the notice is being given;

(e)the name and contact details of the liquidator;

(f)the date on which the resolution was passed.

(3)The period within which the notice is to be published is 21 days after the special resolution to wind up the company voluntarily is passed.

5.5.02 Notice of meeting of creditors

(1)This regulation is made for paragraph 497 (2) (d) of the Act.

(2)The period within which a notice is to be published is not less than 7 days, but no more than 14 days, before the day that is fixed for holding the meeting of the company's creditors.