Corporations Regulations 2001
View history note
Hide history noteIn this Part, unless the contrary intention appears:
accepted
, in relation to a proposal to make a restructuring plan, has the meaning given by subregulation
5.3B.25(1)
.
admissible debt or claim
, in relation to a company under restructuring or a company
'
s restructuring plan, means a debt or claim that would be admissible to proof against the company under subsection
553(1)
of the Act if:
(a) the company were wound up; and
(b) the relevant date were:
(i) if the company is under restructuring - the beginning of the restructuring; and
(ii) if the company has made a restructuring plan - the beginning of the restructuring that ended when the plan was made;
but does not include:
(c) the entitlements of an employee of the company; or
(d) a debt or claim that would be admissible to proof under subsection 553(1A) of the Act.
Note: Employee entitlements are defined in subsections 596AA(2) and (3) of the Act and include superannuation contributions payable by the company.
(a) in relation to a proposal to vary or terminate a company ' s restructuring plan - a creditor of the company who is a party (as creditor) to the plan; or
(b) in relation to a proposal by a company to make a restructuring plan - a person who would be a party to the restructuring plan if it were made.
excluded creditor
, in relation to a company under restructuring, means a creditor of the company who:
(a) is the restructuring practitioner for the company; or
(b) was, at the time the restructuring began, a related creditor of the company; or
(c) was, on becoming an affected creditor, a related entity of the restructuring practitioner.
make
, in relation to a restructuring plan, has the meaning given by regulation
5.3B.26
.
proposal period
, in relation to a company under restructuring, has the meaning given by regulation
5.3B.17
.
propose
, in relation to a restructuring plan, has the meaning given by regulation
5.3B.14
.
related creditor
of a company means a person who is a related entity, and a creditor, of the company.
restructuring proposal statement
means a statement made by a company under regulation
5.3B.16
.
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