Corporations Act 2001
Note: This Part applies to CCIVs with modifications: see Division 3 of Part 8B.6 .
Application of this section
422B(1)
This section applies if the control of the property of a corporation ends.
End of receivership return to be lodged
422B(2)
The person who is the controller of the property of the corporation when the control of the property of the corporation ends (the last controller ) must lodge a return in relation to the control of the property of the corporation.
422B(3)
The return must: (a) be in the approved form; and (b) be lodged with ASIC within 1 month after the control of the property of the corporation ends.
Note: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001 .
[ CCH Note: S 422B(3) (not including the note) will be substituted by No 69 of 2020, s 3, Sch 1 [ 697] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 422B(3) will read:
422B(3)
The return must:
(a) be lodged with the Registrar within 1 month after the control of the property of the corporation ends; and
(b) meet any requirements of the data standards.]
Notice of lodgement to be given
422B(4)
The last controller must give notice that the return has been lodged to a person mentioned in subsection (5) , if that person requests in writing that the last controller give the person such a notice.
422B(5)
The persons who may request such a notice are: (a) the members of the corporation; and (b) the creditors; and (c) the corporation; and (d) if the corporation is a company under external administration - the external administrator of the company.
[ CCH Note: Regulation 10.25.02(3)(g) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[91] apply in relation to external administrations on and after 1 September 2017.]
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