Corporations Act 2001

CHAPTER 2D - OFFICERS AND EMPLOYEES

PART 2D.6 - DISQUALIFICATION FROM MANAGING CORPORATIONS

Note: This Part does not apply to a CCIV: see section 1224E .

View history note

SECTION 206G COURT POWER TO GRANT LEAVE

206G(1)
A person who is disqualified from managing corporations may apply to the Court for leave to manage:

(a) corporations; or

(b) a particular class of corporations; or

(c) a particular corporation;

if the person was not disqualified by ASIC.

206G(2)
The person must lodge a notice with ASIC at least 21 days before commencing the proceedings. The notice must be in the prescribed form.

[ CCH Note: S 206G(2) will be amended by No 69 of 2020, s 3, Sch 1[546] and [ 547], by substituting " the Registrar " for " ASIC " and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

206G(3)
The order granting leave may be expressed to be subject to exceptions and conditions determined by the Court.

Note: If the Court grants the person leave to manage the corporation, the person may be appointed as a director (see section 201B ) or secretary (see section 204B ) of a company.

206G(4)
The person must lodge with ASIC a copy of any order granting leave within 14 days after the order is made.

[ CCH Note: S 206G(4) will be amended by No 69 of 2020, s 3, Sch 1[548], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

206G(5)
On application by ASIC, the Court may revoke the leave. The order revoking leave does not take effect until it is served on the person.

[ CCH Note: S 206G(6) will be inserted by No 69 of 2020, s 3, Sch 1[549] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 206G(6) will read:

206G(6)
Lodgement of a document with the Registrar under this section must meet any requirements of the data standards.]

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.