Corporations Act 2001
The Court may order the winding up of a company if: (a) the company has by special resolution resolved that it be wound up by the Court; or
[ CCH Note: There is no paragraph 461(1)(b).]
(i) the company cannot pay its debts and should be wound up; or
(ii) it is in the interests of the public, of the members, or of the creditors, that the company should be wound up; or
[ CCH Note: There is no paragraph 461(1)(i).]
(j) (Repealed) (k) the Court is of opinion that it is just and equitable that the company be wound up.
: Act No 105 of 2008, s 3, Sch 3, Pt 2
31] contained the following saving provision (which was effective 18 October 2008):
The amendments of sections 461 and 462 of the Corporations Act 2001 made by this Part do not apply in relation to applications made before the commencement of the amendments for orders that companies be wound up.]
A company must lodge a copy of a special resolution referred to in paragraph (1)(a) with the Registrar within 14 days after the resolution is passed. The lodgement must meet any requirements of the data standards.