THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.9 - MISCELLANEOUS

Division 1 - Examining a person about a corporation

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SECTION 597A   WHEN COURT IS TO REQUIRE AFFIDAVIT ABOUT CORPORATION'S EXAMINABLE AFFAIRS  

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597A(1)  [Grounds on which affidavit to be required]  

The Court is to require a person to file an affidavit about a corporation's examinable affairs if:

(a)  an eligible applicant applies for the requirement to be made; and

(b)  the Court is satisfied that the person is an examinable officer of the corporation or was such an officer during or after the 2 years ending:

(i) if the corporation is under administration - on the section 513C day in relation to the administration; or
(ii) if the corporation has executed a deed of company arrangement that has not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or
(iii) if the corporation is being, or has been, wound up - when the winding up began; or
(iv) otherwise - when the application is made;

even if the person has been summoned under section 596A or 596B for examination about those affairs.

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597A(2)  [Affidavit requirement]  

The requirement is to:

(a)  specify such of the information requested in the application as relates to examinable affairs of the corporation; and

(b)  require the affidavit to set out the specified information; and

(c)  require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.

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597A(3)  [Failure to comply with requirement]  

A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under subsection (1).

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597A(4)  [Affidavit already filed]  

The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.

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