Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
The payment of a subordinate claim against a company is to be postponed until all other debts payable by, and claims against, the company are satisfied.563A(2) [ Definitions]
In this section:
means a claim that is admissible to proof against the company (within the meaning of section 553).
means a debt that is admissible to proof against the company (within the meaning of section 553).
(a) a claim for a debt owed by the company to a person in the person ' s capacity as a member of the company (whether by way of dividends, profits or otherwise); or
(b) any other claim that arises from buying, holding, selling or otherwise dealing in shares in the company.
[ CCH Note: Act No 150 of 2010, Sch 1 [ 4] (effective 18 December 2010) contained the following application provision:
Application provision - postponed claims
Section 563A of the Corporations Act 2001 , as amended by this Schedule, applies to a claim that arises after this Schedule commences.
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