Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3A - ADMINISTRATION OF A COMPANY ' S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT  

Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .

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History

Pt 5.3A amended by No 8 of 2022, s 3, Sch 2[144] (effective 1 July 2022).

Division 6 - Protection of company's property during administration  

SECTION 440A   WINDING UP COMPANY  

440A(1)    

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A company under administration cannot be wound up voluntarily, except as provided by section 446A or 446AA .

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History

S 440A(1) amended by No 11 of 2016, s 3, Sch 3[8] (effective 1 March 2017).

440A(2)    
The Court is to adjourn the hearing of an application for an order to wind up a company if the company is under administration and the Court is satisfied that it is in the interests of the company ' s creditors for the company to continue under administration rather than be wound up.

440A(3)    
The Court is not to appoint a provisional liquidator of a company if the company is under administration and the Court is satisfied that it is in the interests of the company ' s creditors for the company to continue under administration rather than have a provisional liquidator appointed.

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