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 5.6 - WINDING UP GENERALLY

Division 6 - Proof and ranking of claims

Subdivision C - Special provisions relating to secured creditors of insolvent companies

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History

Heading inserted by No 210 of 1992, s 94 (effective 23 June 1993).

SECTION 554H   REPAYMENT OF EXCESS  

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554H(1)  [Excess to be paid to liquidator]  

Where a creditor who has amended a proof of debt under section 554G has received, in the winding up of the debtor company, an amount in excess of the amount to which the creditor would have been entitled under the amended proof of debt, the creditor must, without delay, repay the amount of the excess to the liquidator.

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History

S 554H(1) inserted by No 210 of 1992, s 94 (effective 23 June 1993).

CCH Note: See s 1382-1383.

554H(2)  [Creditor to be paid deficiency where money remaining for distribution]  

Where a creditor who has so amended a proof of debt has received, in the winding up of the debtor company, less than the amount to which the creditor would have been entitled under the amended proof of debt, the creditor is entitled to be paid, out of the money remaining for distribution in the winding up, the amount of the deficiency before any of that money is applied in the payment of future distributions, but the creditor is not entitled to affect a distribution made before the amendment of the proof of debt.

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History

S 554H(2) inserted by No 210 of 1992, s 94 (effective 23 June 1993).

CCH Note: See s 1382-1383.

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