THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

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

Division 4 - Administrator investigates company's affairs

SECTION 438A   ADMINISTRATOR TO INVESTIGATE AFFAIRS AND CONSIDER POSSIBLE COURSES OF ACTION  

438A    As soon as practicable after the administration of a company begins, the administrator must:

(a)  investigate the company's business, property, affairs and financial circumstances; and

(b)  form an opinion about each of the following matters:

(i) whether it would be in the interests of the company's creditors for the company to execute a deed of company arrangement;
(ii) whether it would be in the creditors' interests for the administration to end;
(iii) whether it would be in the creditors' interests for the company to be wound up.

 

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