Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
View history note
Hide history note[ CCH Note: S 470 heading will be amended by No 69 of 2020, s 3, Sch 1[739], by inserting " WITH THE REGISTRAR " at the end, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
An applicant (other than ASIC) for the winding up of a company must: (a) lodge, not later than 10.30 am on the next business day after the filing of the application, notice of the filing of the application and of the date on which the application was filed; and (b) after an order for winding up is made - lodge, within 2 business days after the making of the order, notice of the making of the order, of the date on which the order was made and of the name and address of the liquidator; and (c) if the application is withdrawn or dismissed - lodge, within 2 business days after the withdrawal or dismissal of the application, notice of the withdrawal or dismissal of the application and of the date on which the application was withdrawn or dismissed.
[ CCH Note: S 470(1) will be amended by No 69 of 2020, s 3, Sch 1[740] and [ 741], by omitting " (other than ASIC) " and inserting " with the Registrar " after " lodge " in para (a) - (c), (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
470(2)
The applicant must, within 7 days after the passing and entering of a winding up order: (a) except where the applicant is ASIC - lodge an office copy of the order; and (b) serve an office copy of the order on the company or such other person as the Court directs; and (c) deliver to the liquidator an office copy of the order together with a statement that the order has been served as mentioned in paragraph (b).
[ CCH Note: S 470(2) will be amended by No 69 of 2020, s 3, Sch 1[742], by substituting para (a) (effective 1 July 2026 or a day or days to be fixed by Proclamation). Para (a) will read:
(a) lodge the order with the Registrar; and]
470(3)
Where ASIC applies for the winding up of a company, ASIC must enter in its records particulars of the application and, after the passing and entering of a winding up order, an office copy of the order, and subsection 1274(2) applies in relation to the document containing those particulars and to the office copy as if they were documents lodged with ASIC.
[ CCH Note: S 470(3) will be substituted by No 69 of 2020, s 3, Sch 1[743] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 470(3) will read:
470(3)
A document required to be lodged by subsection (1) or (2) must meet any requirements of the data standards.
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