Corporations Act 2001
CHAPTER 5
-
EXTERNAL ADMINISTRATION
PART 5.3B
-
RESTRUCTURING OF A COMPANY
Where a provision of this Act provides for a small business restructuring practitioner for a company to be appointed, 2 or more persons may be appointed as small business restructuring practitioners of the company. 456M(2)
Where, because of subsection (1) , there are 2 or more small business restructuring practitioners of a company: (a) a function, duty or power of a restructuring practitioner for the company may be performed or exercised by any one of them, or by any 2 or more of them together, except so far as the instrument appointing them otherwise provides; and (b) a reference in this Act to a restructuring practitioner, or to the restructuring practitioner, of a company is, in the case of the first-mentioned company, a reference to whichever one or more of those restructuring practitioners the case requires.
Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .
Division 4
-
The restructuring practitioner
Subdivision D
-
Appointment of 2 or more restructuring practitioners
SECTION 456M
APPOINTMENT OF 2 OR MORE RESTRUCTURING PRACTITIONERS OF COMPANY
456M(1)
Where a provision of this Act provides for a small business restructuring practitioner for a company to be appointed, 2 or more persons may be appointed as small business restructuring practitioners of the company. 456M(2)
Where, because of subsection (1) , there are 2 or more small business restructuring practitioners of a company: (a) a function, duty or power of a restructuring practitioner for the company may be performed or exercised by any one of them, or by any 2 or more of them together, except so far as the instrument appointing them otherwise provides; and (b) a reference in this Act to a restructuring practitioner, or to the restructuring practitioner, of a company is, in the case of the first-mentioned company, a reference to whichever one or more of those restructuring practitioners the case requires.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.