Corporations Act 2001
SCHEDULE 2
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INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)
This section applies in relation to a members ' voluntary winding up.
70-47(2)
A member of the company may request the external administrator of a company to:
(a) give information; or
(b) provide a report; or
(c) produce a document;
70-47(3)
The external administrator must comply with the request unless:
(a) the information, report or document is not relevant to the external administration of the company; or
(b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or
(c) it is otherwise not reasonable for the external administrator to comply with the request.
70-47(4)
The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (2).
Note: See section 600K .
PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS Division 70 - Information Subdivision D - Giving information etc. to creditors and others SECTION 70-47 RIGHT OF INDIVIDUAL MEMBER TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP 70-47(1)This section applies in relation to a members ' voluntary winding up.
70-47(2)
A member of the company may request the external administrator of a company to:
(a) give information; or
(b) provide a report; or
(c) produce a document;
to the member.
70-47(3)
The external administrator must comply with the request unless:
(a) the information, report or document is not relevant to the external administration of the company; or
(b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or
(c) it is otherwise not reasonable for the external administrator to comply with the request.
70-47(4)
The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (2).