Corporations (Aboriginal and Torres Strait Islander) Act 2006
The following are the grounds on which an Aboriginal and Torres Strait Islander corporation may be wound up: (a) the corporation has by special resolution resolved that it be wound up by the Court; (b) the business or operations of the corporation were not commenced within 1 year after its registration or have been suspended for a continuous period of 1 year; (c) the corporation has ceased to satisfy a requirement for registration imposed by section 141-5 , 141-10 or 141-15 ; (d) section 26-15 precludes the continued registration of the corporation; (e) the officers of the corporation have acted in the affairs of the corporation:
(i) in their own interests rather than in the interests of the members of the corporation as a whole; or
(f) the affairs of the corporation are being conducted in a way that is:
(ii) in a way that appears to be unfair or unjust to the members of the corporation;
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(g) an act or omission, or a proposed act or omission, by or on behalf of the corporation was or would be:
(iii) contrary to the interests of the members of the corporation as a whole;
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(h) a resolution, or a proposed resolution, of a class of members of the corporation, was or would be:
(iii) contrary to the interests of the members as a whole;
(i) oppressive; or
(ii) unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or
(i) the corporation is insolvent; (j) the directors of the corporation have failed to comply with a notice that the Registrar has given the directors under section 439-20 ; (k) the corporation has failed, for a prescribed period, to lodge any financial or other reports required to be lodged by Part 7-3 ; (l) by reason of the complexity or magnitude of the activities of the corporation, it is inappropriate that it continue to be registered under this Act; (m) the Court is satisfied that it is in the interests of:
(iii) contrary to the interests of the members of the corporation as a whole;
(i) the public; or
(ii) the corporation ' s members; or
that the corporation should be wound up; (n) the Court is satisfied that it is just and equitable that the corporation be wound up.
(iii) the corporation ' s creditors;
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.