Corporations Act 2001
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Hide history noteAdministrator
60(1)
In this Act, a declaration of relevant relationships , in relation to an administrator of a company under administration, means a written declaration: (a) stating whether any of the following:
(i) the administrator;
(ii) if the administrator ' s firm (if any) is a partnership - a partner in that partnership;
has, or has had within the preceding 24 months, a relationship with:
(iii) if the administrator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;
(iv) the company; or
(v) an associate of the company; or
(vi) a former liquidator, or former provisional liquidator, of the company; or
(via) a former restructuring practitioner for the company, or a restructuring plan of the company; or
(b) if so, stating the administrator ' s reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty.
(vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property (including any PPSA retention of title property); and
Restructuring practitioner
60(1A)
In this Act, a declaration of relevant relationships , in relation to a restructuring practitioner for a company under restructuring, means a written declaration: (a) stating whether any of the following:
(i) the restructuring practitioner;
(ii) if the restructuring practitioner ' s firm (if any) is a partnership - a partner in that partnership;
(iii) if the restructuring practitioner ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;
has, or has had within the preceding 24 months, a relationship with:
(iv) the company; or
(v) an associate of the company; or
(vi) a former liquidator, or former provisional liquidator, of the company; or
(b) if so, stating the restructuring practitioner ' s reasons for believing that none of the relevant relationships result in the restructuring practitioner having a conflict of interest or duty.
(vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property (including any PPSA retention of title property); and
Liquidator
60(2)
In this Act, a declaration of relevant relationships , in relation to a liquidator of a company, means a written declaration: (a) stating whether any of the following:
(i) the liquidator;
(ii) if the liquidator ' s firm (if any) is a partnership - a partner in that partnership;
has, or has had within the preceding 24 months, a relationship with:
(iii) if the liquidator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;
(iv) the company; or
(v) an associate of the company; or
(vi) a former liquidator, or former provisional liquidator, of the company; or
(vii) a former administrator of the company; or
(viii) a former administrator of a deed of company arrangement executed by the company; or
(ix) a former restructuring practitioner for the company; or
(b) if so, stating the liquidator ' s reasons for believing that none of the relevant relationships result in the liquidator having a conflict of interest or duty.
(x) a former restructuring practitioner for a restructuring plan made by the company; and
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