Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.6
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WINDING UP GENERALLY
Division 7A
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Disclaimer of onerous property
SECTION 568A
LIQUIDATOR MUST GIVE NOTICE OF DISCLAIMER
568A(1)
As soon as practicable after disclaiming property, a liquidator must: (a) lodge a written notice of the disclaimer; and (b) give written notice of the disclaimer to each person who appears to the liquidator to have, or to claim to have, an interest in the property; and (c) if the liquidator has reason to suspect that some person or persons may have, or may claim to have, an interest or interests in the property, but either does not know who, or does not know where, the person is or the persons are - comply with subsection (2) ; and (d) if a law of the Commonwealth or of a State or Territory requires the transfer or transmission of the property to be registered - give written notice of the disclaimer to the registrar or other person who has the function under that law of registering the transfer or transmission of the property.
568A(2)
If paragraph (1)(c) applies, the liquidator must cause a notice setting out the prescribed information about the disclaimer to be published in the prescribed manner.
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
View history note
Hide history noteAs soon as practicable after disclaiming property, a liquidator must: (a) lodge a written notice of the disclaimer; and (b) give written notice of the disclaimer to each person who appears to the liquidator to have, or to claim to have, an interest in the property; and (c) if the liquidator has reason to suspect that some person or persons may have, or may claim to have, an interest or interests in the property, but either does not know who, or does not know where, the person is or the persons are - comply with subsection (2) ; and (d) if a law of the Commonwealth or of a State or Territory requires the transfer or transmission of the property to be registered - give written notice of the disclaimer to the registrar or other person who has the function under that law of registering the transfer or transmission of the property.
[ CCH Note: S 568A(1) will be amended by No 69 of 2020, s 3, Sch 1[780], by inserting " with the Registrar " after " lodge " in para (a) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
[ CCH Note: S 568A(1A) will be inserted by No 69 of 2020, s 3, Sch 1[781] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 568A(1A) will read:
568A(1A)
A notice under paragraph (1)(a) must meet any requirements of the data standards.]
568A(2)
If paragraph (1)(c) applies, the liquidator must cause a notice setting out the prescribed information about the disclaimer to be published in the prescribed manner.