Corporations Regulations 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3B - RESTRUCTURING OF A COMPANY  

Division 2 - Restructuring  

Subdivision A - Restructuring generally  

REGULATION 5.3B.03   ELIGIBILITY CRITERIA FOR RESTRUCTURING  

5.3B.03(1)    


For the purposes of paragraph 453C(1)(a) of the Act, the test for eligibility is that on the day the restructuring begins the total liabilities of the company to pay any admissible debts and claims must not exceed $1 million.

5.3B.03(2)    
For the purposes of paragraph 453C(1)(b) of the Act, a period of 7 years is prescribed.

5.3B.03(3)    
For the purposes of paragraph 453C(1)(c) of the Act, a period of 7 years is prescribed.

5.3B.03(4)    
For the purposes of paragraph 453C(2)(b) of the Act, a prescribed circumstance is that:

(a)    the other company is a related body corporate of the company in relation to which the eligibility criteria are to be met; and

(b)    the other company is, or has been:


(i) under restructuring; or

(ii) the subject of a simplified liquidation process; and

(c)    if subparagraph (b)(i) applies - the restructuring practitioner for the other company was appointed no more than 20 business days before the day on which the restructuring of the company in relation to which the eligibility criteria are to be met began; and

(d)    if subparagraph (b)(ii) applies - the other company began to follow the simplified liquidation process no more than 20 business days before the day on which the restructuring of the company in relation to which the eligibility criteria are to be met began.

5.3B.03(5)    
(Repealed by FRLI No F2023L01458, Sch 1 [ 81] (effective 1 November 2023).)


 

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.