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 12 - Transition to creditors' voluntary winding up

SECTION 446B   REGULATIONS MAY PROVIDE FOR TRANSITION IN OTHER CASES  

446B(1)  [Deemed passing of voluntary winding up resolution]  

The regulations may prescribe cases where:

(a)  a company under administration; or

(b)  a company that has executed a deed of company arrangement (even if the deed has terminated);

is taken to have passed a special resolution under section 491 that the company be wound up voluntarily.

446B(2)  [Modifications]  

The regulations may provide for Part 5.5 to apply with prescribed modifications in cases prescribed for the purposes of subsection (1).

446B(3)  [Sec 446A(2)-(7)]  

Without limiting subsection (2), the regulations may provide, in relation to such cases, for matters of a kind provided for by any of subsections 446A(2) to (7), inclusive.

446B(4)  [Effect of regulations]  

Regulations in force for the purposes of this section have effect accordingly.


 

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