CORPORATIONS REGULATIONS 1990 (REPEALED)

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.6 - WINDING UP GENERALLY  

REGULATION 5.6.27   MINUTES OF MEETING  

5.6.27(1)    
The chairperson must, within the period specified in subregulation (6):

(a) cause minutes of the proceedings to be drawn up and entered in a record kept for the purpose; and

(b) sign the minutes after they have been entered in the record.

5.6.27(2)    
A record of the persons present in person, by proxy or by attorney at a meeting must be prepared and kept:

(a) if the meeting is of members or contributories - in accordance with Form 531A; and

(b) if the meeting is of creditors or debenture holders - in accordance with Form 531B; and

(c) if the meeting is of a committee of inspection or a committee of creditors - in accordance with Form 531C.

5.6.27(3)    
The chairperson at a meeting (other than a meeting of holders of debentures) must lodge a copy of the minutes of the meeting certified by him or her to be a true copy within the period specified in subregulation (6).

5.6.27(3A)    
If the chairperson:

(a) dies without having signed the minutes as required by subregulation (1), or without having lodged a certified copy of the minutes as required by subregulation (3); or

(b) becomes incapable, whether through illness or other cause, of signing the minutes as required by subregulation (1), or of lodging a certified copy of the minutes as required by subregulation (3);

the convenor of the meeting, if he or she attended the meeting, or a creditor, member or contributory who attended the meeting, may sign the minutes as required by subregulation (1) and may certify and lodge a copy of the minutes as required by subregulation (3).

5.6.27(4)    
The administrator of a company under administration or of a deed of company arrangement, after a meeting of creditors, must cause:

(a) the minutes; and

(b) the record of persons present at the meeting;

prepared in accordance with this regulation to be made available for inspection by creditors or members at the registered office or principal place of business of the company in the jurisdiction.

5.6.27(5)    
The liquidator must cause:

(a) the minutes; and

(b) the record of persons present at the meeting;

prepared under this regulation to be made available at the principal place in the jurisdiction at which he or she practises, for inspection by creditors or contributories.

5.6.27(6)    
For the purposes of subregulations (1) and (3), the specified period is:

(a) for a meeting other than a meeting convened under section 436E or 439A of the Corporations Law - 1 month after the end of the meeting; or

(b) for a meeting convened under section 436E or 439A of the Corporations Law - 14 days after the end of the meeting.