CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.9 - MISCELLANEOUS
Division 1 - Examining a person about a corporation
History
Heading inserted by No 210 of 1992, s 116 (effective 23 June 1993).
CCH Note:
See s 1382.
SECTION 597A
WHEN COURT IS TO REQUIRE AFFIDAVIT ABOUT CORPORATION'S EXAMINABLE AFFAIRS
597A(1)
[Grounds on which affidavit to be required]
The Court is to require a person to file an affidavit about a corporation's examinable affairs if:
(a)
an eligible applicant applies for the requirement to be made; and
(b)
the Court is satisfied that the person is an examinable officer of the corporation or was such an officer during or after the 2 years ending:
(i) if the corporation is under administration - on the section 513C day in relation to the administration; or
(ii) if the corporation has executed a deed of company arrangement that has not yet terminated - on the section 513C day in relation to the administration that ended when the deed was executed; or
(iii) if the corporation is being, or has been, wound up - when the winding up began; or
(iv) otherwise - when the application is made;
even if the person has been summoned under section
596A or
596B for examination about those affairs.
History
S 597A(1) inserted by No 210 of 1992, s 118 (effective 23 June 1993).
CCH Note:
See s 1382.
597A(2)
[Affidavit requirement]
The requirement is to:
(a)
specify such of the information requested in the application as relates to examinable affairs of the corporation; and
(b)
require the affidavit to set out the specified information; and
(c)
require the affidavit to be filed on or before a specified day that is reasonable in the circumstances.
History
S 597A(2) inserted by No 210 of 1992, s 118 (effective 23 June 1993).
CCH Note:
See s 1382.
597A(3)
[Failure to comply with requirement]
A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under subsection
(1).
History
S 597A(3) inserted by No 210 of 1992, s 118 (effective 23 June 1993).
CCH Note:
See s 1382.
597A(4)
[Affidavit already filed]
The Court may excuse a person from answering a question at an examination about a corporation's examinable affairs if the person has already filed an affidavit under this section about that corporation's examinable affairs that sets out information that answers the question.
History
S 597A(4) inserted by No 210 of 1992, s 118 (effective 23 June 1993).
CCH Note:
See s 1382.