Corporations Amendment (Insolvency) Act 2007 (132 of 2007)
Schedule 4 Fine-tuning voluntary administration
Part 1 General
Corporations Act 2001
35 After section 445F
Insert:
445FA Notice of termination of deed
(1) If a company is subject to a deed of company arrangement, and:
(a) the administrator of the deed has applied all of the proceeds of the realisation of the assets available for the payment of creditors; or
(b) the administrator of the deed has paid to the creditors:
(i) the sum of 100 cents in the dollar; or
(ii) any lesser sum determined by the creditors at a general meeting; or
(c) all of the following conditions are satisfied:
(i) the company's obligations under the deed have been fulfilled;
(ii) the obligations of any other party to the deed have been fulfilled;
(iii) creditors' claims under the deed have been dealt with in accordance with the deed;
the administrator of the deed must:
(d) certify to that effect in writing; and
(e) within 28 days, lodge with ASIC a notice of termination of the deed.
(2) The notice of termination must be in the prescribed form.
Note: For termination of the deed, see section 445C.
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