Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (130 of 2020)
Schedule 1 Restructuring of a company
Part 2 Consequential amendments
Corporations Act 2001
16 After subsection 60(1)
Insert:
Restructuring practitioner
(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
(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
(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.
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