Corporations Act 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

Note: See section 600K .

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 70 - Information  

Subdivision D - Giving information etc. to creditors and others  

SECTION 70-46   RIGHT OF MEMBERS TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP  

70-46(1)    
This section applies in relation to a members ' voluntary winding up.

70-46(2)    
The members of the company may by resolution request the external administrator of the company to:

(a) give information; or

(b) provide a report; or

(c) produce a document;

to the members.

70-46(3)    
The external administrator must comply with the request unless:

(a) the information, report or document is not relevant to the external administration of the company; or

(b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or

(c) it is otherwise not reasonable for the external administrator to comply with the request.

70-46(4)    
The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (2).