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 5 - EXTERNAL ADMINISTRATION

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

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History

Pt 5.3A inserted by No 210 of 1992, s 56 (effective 23 June 1993).

Division 2 - Appointment of administrator and first meeting of creditors

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Heading inserted by No 210 of 1992, s 56 (effective 23 June 1993).

SECTION 436A   COMPANY MAY APPOINT ADMINISTRATOR IF BOARD THINKS IT IS OR WILL BECOME INSOLVENT  

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436A(1)  [How company may appoint administrator]  

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A company may, by writing, appoint an administrator of the company if the board has resolved to the effect that:

(a)  in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and

(b)  an administrator of the company should be appointed.

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History

S 436A(1) amended by No 61 of 1998, Sch 2, Pt 1 (effective 1 July 1998).

S 436A(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).

CCH Note: See s 1380(2), 1383(6).

436A(2)  [Where company being wound up]  

Subsection (1) does not apply to a company that is already being wound up.

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History

S 436A(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).

CCH Note: See s 1380(2), 1383(6).

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