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 1 - General  

SECTION 470   CERTAIN NOTICES TO BE LODGED  

470(1)    
An applicant (other than ASIC) for the winding up of a company must:

(a)    lodge, not later than 10.30 am on the next business day after the filing of the application, notice of the filing of the application and of the date on which the application was filed; and

(b)    after an order for winding up is made - lodge, within 2 business days after the making of the order, notice of the making of the order, of the date on which the order was made and of the name and address of the liquidator; and

(c)    if the application is withdrawn or dismissed - lodge, within 2 business days after the withdrawal or dismissal of the application, notice of the withdrawal or dismissal of the application and of the date on which the application was withdrawn or dismissed.

470(2)    
The applicant must, within 7 days after the passing and entering of a winding up order:

(a)    except where the applicant is ASIC - lodge an office copy of the order; and

(b)    serve an office copy of the order on the company or such other person as the Court directs; and

(c)    deliver to the liquidator an office copy of the order together with a statement that the order has been served as mentioned in paragraph (b).

470(3)    
Where ASIC applies for the winding up of a company, ASIC must enter in its records particulars of the application and, after the passing and entering of a winding up order, an office copy of the order, and subsection 1274(2) applies in relation to the document containing those particulars and to the office copy as if they were documents lodged with ASIC.