CORPORATIONS REGULATIONS 1990 (REPEALED)

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

REGULATION 5.6.12   NOTICE OF MEETING  

5.6.12(1)    
The convenor of a meeting must give notice in writing of the meeting to every person appearing on the company ' s books or otherwise to be:

(a) in the case of a meeting referred to in subparagraph 5.6.11(2)(a)(i) - a member, creditor or contributory of the company; or

(b) in the case of a meeting referred to in subparagraph 5.6.11(2)(a)(ii) - a member or creditor of the company; or

(c) in the case of a meeting referred to in subparagraph 5.6.11(2)(a)(iii) - a member of the committee of inspection; or

(d) in the case of a meeting referred to in subparagraph 5.6.11(2)(a)(iv) - a member of the committee of creditors; or

(e) in the case of a meeting referred to in paragraph 5.6.11(2)(b) - a creditor of the company.

5.6.12(1A)    
The notice must be given to a person:

(a) by delivering it personally; or

(b) by sending it to the person by prepaid post; or

(c) if the person has a facsimile transmission number to which notices may be sent to the person - by faxing it to the person at that number; or

(d) if the person has a document exchange number to which notices may be sent to the person - by lodging it with the exchange at, or for delivery to, the person ' s receiving facilities identified by that number.

5.6.12(1B)    
The notice must be given not less than 14 days before the day of the meeting, except:

(a) in the case of a meeting of creditors under section 436E, 439A or 445F, or subsection 449C(4), of the Corporations Law; or

(b) as provided by subregulation (1C) or (1D).

5.6.12(1C)    
If a liquidator thinks it appropriate, he or she may convene a meeting of a committee of inspection by giving less than 14 days ' notice of the meeting in accordance with subregulations (1) and (1A).

5.6.12(1D)    
If the administrator of a company under administration thinks it appropriate, he or she may convene a meeting of a committee of creditors by giving less than 14 days ' notice of the meeting in accordance with subregulations (1) and (1A).

5.6.12(2)    
The notice referred to in subregulation (1) must be:

(a) if convening a meeting of creditors under subsection 496(1) of the Corporations Law - in accordance with Form 521; or

(aa) if convening a meeting of creditors under section 436E of the Corporations Law - in accordance with Form 529A; or

(b) in any other case - in accordance with Form 529.

5.6.12(3)    
A notice of a joint meeting of the creditors and members of a company must be sent to the creditors of the company at the same time as it is sent to the members of the company.

5.6.12(4)    
A notice to a creditor must be sent by the person convening the meeting:

(a) to the address given by the creditor in his or her proof of debt or claim; or

(b) if the creditor has not lodged a proof, to the address given in the report on the affairs of the company; or

(c) to any other address known to the person.

5.6.12(5)    
A notice of a meeting must be sent by the convenor of the meeting:

(a) to the address given in the company ' s books as the address of that person; or

(b) to any other address known to the person convening the meeting.