THE CORPORATIONS LAW

CCH Note: Part 13 of the Corporations Act 1989, inserted by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as follows:

PART 13 - THE CORPORATIONS LAW

THE CORPORATIONS LAW   82 

The Corporations Law is as follows:...

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES

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History

Chapter 2F inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).

PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS

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Part 2F.1 substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).

SECTION 234   WHO CAN APPLY FOR ORDER  

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234     An application for an order under section 233 in relation to a company may be made by:

(a)  a member of the company, even if the application relates to an act or omission that is against:

(i) the member in a capacity other than as a member; or

(ii) another member in their capacity as a member; or

(b)  a person who has been removed from the register of members because of a selective reduction; or

(c)  a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or

(d)  a person to whom a share in the company has been transmitted by will or by operation of law; or

(e)  a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:

(i) the company's affairs; or

(ii) matters connected with the company's affairs.

Note 1:

If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2: For selective reduction , see subsection 256B(2).

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History

S 234 inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).

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