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

Division 7 - Rights of chargee, owner or lessor

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

SECTION 441C   CHARGE ON PERISHABLE PROPERTY  

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441C(1)  [Perishable property subject to charge]  

This section applies where perishable property of a company under administration is subject to a charge.

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S 441C(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).

441C(2)  [Chargee etc may enforce charge]  

Nothing in section 437C or 440B prevents:

(a)  the chargee; or

(b)  a receiver or person appointed (at any time) as mentioned in paragraph (a), (b) or (d) of the definition of ``enforce'' in section 9;

from enforcing the charge, so far as it is a charge on perishable property.

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S 441C(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).

441C(3)  [Transaction or dealing affecting perishable property]  

Section 437D does not apply in relation to a transaction or dealing that affects perishable property of the company and is entered into by:

(a)  the chargee; or

(b)  a receiver or person appointed (at any time) as mentioned in paragraph (a), (b) or (d) of the definition of `` enforce '' in section 9;

in the performance or exercise of a function or power as chargee, or as such a receiver or person, as the case may be.

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S 441C(3) inserted by No 210 of 1992, s 56 (effective 23 June 1993).

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