Corporations Act 2001

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES  

PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS  

SECTION 234  

234   WHO CAN APPLY FOR ORDER  
An application for an order under section 233 in relation to a company may be made by:


(a) a member of the company, even if the application relates to an act or omission that is against:


(i) the member in a capacity other than as a member; or

(ii) another member in their capacity as a member; or


(b) a person who has been removed from the register of members because of a selective reduction; or


(c) a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or


(d) a person to whom a share in the company has been transmitted by will or by operation of law; or


(e) a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:


(i) the company's affairs; or

(ii) matters connected with the company's affairs.

Note 1: If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2: For selective reduction , see subsection 256B(2).


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