Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 3 of Part 8B.6 (for provisions relating to Division 2B ), Division 5 of Part 8B.6 (for provisions relating to Divisions 2 and 2A ) and Division 6 of Part 8B.6 (for provisions relating to Divisions 3 , 4 , 5 and 6 ).
View history note
Hide history noteA creditor of a company that is being wound up cannot begin proceedings under section 588M in relation to the incurring of a debt, or the making of a disposition, by the company if:
(a) the company's liquidator has applied under section 588FF in relation to the debt or disposition, or in relation to a transaction under which the debt was incurred; or
(b) the company's liquidator has begun proceedings under section 588M in relation to the incurring of the debt or the making of the disposition; or
(c) the company ' s liquidator has intervened in an application for a civil penalty order against a person relating to:
(i) a contravention of subsection 588G(2) relating to the incurring of the debt; or
(ii) a contravention of subsection 588GAB(2) or 588GAC(2) relating to the disposition; or
(d) the company ' s liquidator has requested ASIC to make an order under subsection 588FGAA(3) relating to the disposition; or
(e) ASIC has made an order under subsection 588FGAA(3) relating to the disposition.
588U(2)
Subsection (1) has effect despite sections 588R and 588T .
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