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 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 441F   WHERE RECOVERY OF PROPERTY BEGINS BEFORE ADMINISTRATION  

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441F(1)  [Receiver acts before administration]  

This section applies if, before the beginning of the administration of a company, a receiver or other person:

(a)  entered into possession, or assumed control, of property used or occupied by, or in the possession of, the company; or

(b)  exercised any other power in relation to such property;

for the purpose of enforcing a right of the owner or lessor of the property to take possession of the property or otherwise recover it.

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

441F(2)  [Sec 437C and 440C]  

Nothing in section 437C or 440C prevents the receiver or other person from performing a function, or exercising a power, in relation to the property.

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

441F(3)  [Sec 437D]  

Section 437D does not apply in relation to a transaction or dealing that affects the property and is entered into in the performance or exercise of a function or power of the receiver or other person.

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History

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

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